It is the Crown’s obligation to ensure meaningful consultation with Indigenous peoples has been fulfilled, as per Section 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 aspects of that duty to consult. This presents challenges for organizations, particularly within the regulatory process. How organizations navigate these challenges and assert themselves and their rights can make a difference in the outcome. The exercise of S.35 Aboriginal and treaty rights depends not only on the tangible, physical ability to conduct land use activities and practices, but also on the intangible inherent cultural ontology (worldview, beliefs, values, customs, protocols) and epistemology (knowledge), including expectations for the quality and condition of lands and resources required for confident and responsible land use, which inform those land use practices (the how, what, when, where, and why). These are the cultural observances embedded in land users’ decision-making on the ability to exercise rights in a culturally sustainable and confident manner, now and for generations of rights holders to come.
EXAMPLES OF WOVEN PATHS TECHNICAL SUPPORT
Building an organization Consultation Protocol; Project-specific Consultation Plan with proponent & government; Consultation Records content; Indigenous Knowledge Sharing & Use Best Practices Guidelines; Indigenous Knowledge Methodology Framework ((grounded in a Nation’s ontology (worldview, beliefs, values, practices), epistemology (knowledge), and axiology (ethics) for ensuring appropriate and contextual application of shared IK and its management by Nations in consultation and regulatory engagement contexts));
Potential project impacts identification;
Liaising with government agencies and industry to ensure the ‘duty to consult’ with the client is conducted meaningfully, timely, and thoroughly;
Meeting with proponents to share and discuss client’s 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 participation and funding application through the Impact Assessment Agency of Canada (IAAC), previously the Canadian Environmental Assessment Agency (CEAA);
IBA/GNA/MoU agreement negotiation support: negotiation funding; thematic content: consultation; environment; regulatory; reclamation; community investment; cultural retention; employment & business opportunities'; education and training, etc.