Consultations must be meaningful such that the First Nation must have an
opportunity to express their concerns and proposed and these concerns and
proposed alternatives must be addressed and accommodated.
The process of consulting with First Nations must be separate from other
consultations with interest groups
There is also a strong First Nation consensus for the principle that:
Adequate and sufficient resources must be made available for consultation to occur.
In addition, more and more First Nations are stressing that:
All alternative options must be on the table including a “no-activity” option.
EXAMPLES:
Two examples of First Nation consultation principles are the Simpcw Principles and the
Federation of Saskatchewan Indian Nation (FSIN) Guiding Principles
Example
Simpcw Principles
5.1
The Crown is required to consult with and accommodate the Simpcw Signatories
with respect to proposed Activities in Simpcwul’ecw, and to follow these
guidelines in doing so.
5.2
At the discretion of the Simpcw Signatories and the Crown, Third parties may be
required to participate in consultation at the operational level and to accommodate
the Simpcw people, but decision-making/approval authority remains at the
government-to-government level.
5.3
The process of consulting with and accommodating the Simpcw Signatories must
be separate from other consultations by the Crown and Third Parties with interest
groups.
5.4
The Crown and Third Parties must come to the table with the willingness and
mandate to be flexible.
5.5
The Simpcw Signatories must have an opportunity to express their concerns and
proposed alternatives in relation to a proposed Activity, and these concerns and
proposed alternatives must be addressed and accommodated by Crown and Third
Parties