It is the Crown’s obligation to ensure meaningful consultation with Aboriginal peoples has been fulfilled, as per S. 35 of the Constitution 1982, and subsequent case law. Practical interpretation of this constitutional obligation can vary between the federal and provincial Crowns, and industry delegated that duty to consult. This presents challenges for organizations, particularly within the regulatory process. How organizations navigate these challenges and assert themselves can make a difference in the outcome.
Building an organization Consultation Protocol; Project-specific Consultation Plan with proponent; TK Best Practices Guidelines; Consultation Records content;
Potential impacts identification;
Liaising with government agencies and industry to ensure the ‘duty to consult’ is conducted meaningfully, timely, and thoroughly;
Meeting with proponents to share and discuss project-specific and cumulative effects concerns for accommodation or mitigation;
Rights-holder participation in the regulatory process: early notification, EIA Proposed Terms of Reference review, EIS Guidelines, Statement of Concern, EIA Review, mitigation, hearing preparation;
Federal regulator funding application through Canadian Environmental Assessment Agency (CEAA);
IBA/GNA/MoU agreement support: consultation, environment, community investment, cultural retention, employment & business opportunities, education and training, etc.