vi
If AFN requires Accommodation through negotiations with the Proponent,
the Crown is expected to, when requested by AFN, assist AFN to ensure
that the Proponent engages in such negotiations on reasonable terms and
in good faith. AFN expects that the Crown shall not approve the relevant
Activity unless and until an agreement with respect to Accommodation is
reached between AFN and the Proponent.
vii.
This Protocol and any Accommodation agreements reached in accordance
with its terms are without prejudice to the asserted rights, including
Aboriginal and Treaty rights asserted by AFN in any court proceeding or
otherwise. No other action or inaction by AFN hereunder shall be
deemed to be a waiver of AFN’s right to be consulted where appropriate
and necessary in accordance with its Treaty rights, Aboriginal rights,
statute the Constitution Act, 1982 or at common law.
8. Costs
a.
The full cost of entering into meaningful consultation with AFN shall be borne
by the Crown and/or the Proponent, including but not limited to the provision
of technical and financial resources to AFN. AFN expects that it will not have to
bear any costs of the consultation process.
b.
In order to defray its costs of reviewing a Notification and/or working with the
Crown and/or a Proponent(s) to development a consultation process
agreement, AFN reserves the right to levy an application fee depending upon
and proportionate to the nature of the request or the Activity in question.
c.
All parties must work to foster and enhance efficiency and reduce costs where
agreed upon, without detracting from the process and the ability of the parties
to obtain independent professional and technical advice and impact
assessments.
9. Confidentiaity
a.
AFN records, data and traditional knowledge gathered or recorded is the sole
property of AFN. Any Proponent requiring review of such information shall be
required to enter into a confidentiality agreement prior to reviewing any
documentation.
b.
All information collected by AFN may, at its sole discretion, be shared with the
Proponent, subject to entering into a confidentiality agreement and to lawyerclient privilege if applicable.
Alderville First Nation Consultation Protocol — 15