National Centre for First Nations Governance CONSULTATION FACT SHEET 2 CONSULTATION PROCEDURES/STEPS DEFINITION: Consultation procedures refer to the series of steps that need to be taken to accomplish a successful consultation, PURPOSE/IMPORTANCE: First Nations who receive requests to participate in various consultations related to territories and natural resources need a tool which sets out a step by step process to ensure that governments fulfil their duty to consult and accommodate By explicitly defining these procedures First Nations can ensure that the consultation process to take place in a way that is compatible on Aboriginal principles and reflects the principles enunciated by the Supreme Court of Canada. Written guidance can help protect constitutional rights The legal duty to consult and accommodate carries with it numerous obligations, including key procedural requirements. These can include providing information regarding actions or projects in a timely fashion, ensuring adequate funding of First Nations being consulted, listening to the concerns of First Nations and incorporating those concerns into the decision-making process, and ensuring that the process of consulting with First Nations is separate from other public consultations By defining its expectations a First Nation is in a stronger position to resist general consultations mechanisms, such as environmental assessment regimes, which in most cases do not provide a process sufficient for governments to adequately discharge their duty to consult and accommodate. DESCRIPTION: Procedures set out timeframes and tasks – from a First Nation’s perspective – that clarify its understanding of comprehensive and meaningful participation both with the Crown and with project proponents.

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