v.
Propose a timetable, potential workplan for engaging in the consultation
process and potential budget if possible at the time.
c.
AFN shall communicate its determination in writing to the Proponent. At all
times AFN shall endeavour to provide a timely response to any Notice of
Request to Consult, as appropriate in the circumstances. However, at no time
shall a failure by AFN to respond or to respond within a timeline requested by
the Proponent be deemed as declining the request. It is the minimal
expectation that the Proponent will follow up on any request after a reasonable
period and, if necessary, AFN may request further time to review the relevant
notices.
d.
The fact of proper and adequate consultation shall be determined by AFN, in its
sole discretion. Where an initial meeting has been requested, no
communication nor information exchange shall be deemed to be considered
consultation until such time as AFN has accepted and acknowledged
consultation or a formal consultation agreement has been reached and is
adhered to by the parties. No other action or inaction by AFN shall be deemed
to be a waiver of its right to be consulted where appropriate and necessary in
accordance with treaty rights, Aboriginal rights, statute, the Constitution Act,
1982 or at common law.
e.
General principles applicable to the Consultation process:
i.
The Crown and Proponent must disclose all relevant Information to AFN
Representatives as it becomes available, throughout the Consultation
process.
ii.
AFN may determine whether it wishes to hold any aspect of Consultation
process with the Crown, the Proponent or both, and expects such parties
to respect such decisions if they are reasonable.
iii.
Any party to Consultation processes may involve such experts, lawyers or
support persons as are reasonably required.
iv.
Generally, notes of and correspondence related to all Consultation
processes are the responsibility of each respective party.
v.
Parties to Consultation processes may enter into confidentiality
agreements and may agree that all discussions and correspondence
pertaining to such processes are confidential to the extent allowed by law.
14 — Alderville First Nation Consultation Protocol