Consultation is required when an activity may interefere with the rights and title of Indigenous Peoples. If you are unsure, contact the nearest First Nation community Duty Officer.
Consultation is separate to, but develops from Engagement. Consultation arises out of the `duty to consult` from the Supreme court of Canada’s ruling in the Tuku River Decision: Government departments, agencies or agents, or any proponent working on related projects, are required to inform and consult Indigenous Nations regarding any proposed activity or project that may have the potential for adverse impacts on established or potential Indigenous Nation responsibilities and rights associated with those responsibilities, including Treaty rights. Land and resource management is both a responsibility and a right of Indigenous Nations.
Importantly, the determination of these responsibilities, rights and any effects are to be decided by Indigenous communities.
Should the potential effect be negative, Indigenous peoples need to be accommodated, provide input, and have impacts mitigated.
Consultation is only true, if it can provide for free, prior and informed consent.
Process
ORIENTATION
It is suggested that the proponent researches and understands which Traditional Territory, and which Indigenous Communities the project may affect. It is also suggested to familiarize yourself with the over-arching agreements, mechanisms, and minimum standards that provide for the responsibilities and rights of First Nations, and therefore with, at least, the United Nations Declaration on the Rights of Indigenous Peoples. Understanding these fundamentals is also assisted through the engagement process.
ENGAGEMENT
The proponent or representative will first engage Indigenous Nations through phone calls, in some cases through on-line forms, and first meetings. This initial engagement allows the project or issue to be assessed in terms of Indigenous rights and responsibilities. Comprehensive details are to be provided for these assessments. The proponent may be asked to sign a full disclosure agreement or declaration. Indigenous engagement in these cases and consequent consultation will be at a level that is significantly deeper than that of the general public or other stake holders.
CONSULTATION
If determined to be consultation by Indigenous communities, in cooperation with their Council so that a possible infringement of an Indigenous responsibility or right exits or the Nation has asserted a right, consequent meetings will be held. All consultations must be meaningful, transparent and conducted good faith with no predetermined outcome, no oblique motive and the absence of any appearance of any sharp dealings. A fee-for-service will be applied for consultations and depending on the depth of the consultation and needs, fees may also include research, travel expenses, honorariums for Knowledge Holders or other necessitated expenses which will be expressed through the process.
A letter will be drafted by a Nation community authority and provided to the proponent stating that Nation/community have been consulted. It is only through this evidence that a consultation with First Nations is confirmed. Note that through this process other agreements may be drafted and provided to the proponent.
Working together we can compile information for informed decisions, and create action plans and effective strategies.