National Centre
for First Nations
Governance
CONSULTATION FACT SHEET 5
RESOURCES AND FUNDING
DEFINITION:
The duty to consult and accommodate, carries with it the obligation to ensure adequate
and sustained funding for First Nations to carry out the ongoing work of identifying and
articulating their interests and to participate in decision-making processes.
IMPORTANCE:
A major stumbling block to meaningful and valid consultation and accommodation with
First Nations is the lack of financial and human resources needed to enable them to
analyze and respond to consultations requests.
DESCRIPTION:
A persistent practical problem is the lack of financial and resource capacity of First
Nations when consulted on complex projects. In addition, most First Nations in Canada
are small and do not have the capacity to handle the potentially huge numbers of requests
from governments for consultation about projects
Who pays for the consultation costs of the aboriginal people?. The Court does not address
this issue.
Some provincial governments, such as Quebec have made it clear that funding is
necessary in order to facilitate the participation of Aboriginal communities in the
consultation processes initiated by the Government of Québec. To this end a financial
support program will be prepared by the Secrétariat aux affaires autochtones, in
collaboration with the Conseil du trésor
More typical is the approach taken by Saskatchewan. Although the Saskatchewan
Guidelines recognize that an Aboriginal group may need funding in order to obtain
independent technical information, it leaves decisions with respect to the provision of
funding in the consultation process to each department or agency on a case by case basis.
First Nations are unanimous in the position that if federal and provincial governments are
bound to act honorably in consultation, this includes the obligation to ensure that First
Nations are on a fair footing with regard to information, expertise and resources. Funding
is also needed from project proponents to address First Nations capacity issues.