Final - January 2011
Taykwa Tagamou Nation
Consultation and Accommodation Protocol
1.0
Purpose and Application
This Protocol outlines how meaningful consultation on development projects and decisions can take
place between Taykwa Tagamou Nation (TTN), the Crown, and project proponents. It is supported
by TTN’s understanding of the respectful application of Canadian law, and the principles of good
governance. A meaningful consultation and accommodation process provides TTN with clarity and
certainty about how Aboriginal and Treaty rights will be respected and, if necessary, accommodated
in all stages of development projects and decisions. In turn, governments and project proponents
following this Protocol in good faith stand to gain support, consistency, and certainty from TTN with
respect to development projects and decisions. The consultation and accommodation process set
out in this Protocol is intended to achieve TTN consent for the development project or decision, and
to be a basis for negotiating compensation or accommodation for the impacts on TTN’s Aboriginal
and Treaty rights as a way to reconciliation.
TTN requests that the Crown and project proponents respect this Protocol in their dealings with TTN
about such projects and decisions.
2.0
Non-Derogation
Nothing in this Protocol nor the process or documents derived from it shall be construed so as to
abrogate or derogate from TTN rights, regardless of whether such rights are recognised, established
or defined after this Protocol comes into effect.
Nothing in this Protocol shall be construed so as to limit any consultation or accommodation
obligations owed to TTN by the Crown or any proponent.
Notwithstanding anything in this Protocol, TTN retains the right in relation to any development project
or decision, to decide whether it supports a project and to: comment to regulators, participate in
regulatory processes and hearings, seek intervenor funding, or challenge and seek remedies through
court proceedings.
This Agreement is without prejudice to the rights of TTN to enter into negotiations with the federal or
Ontario provincial governments or their branches, departments or agencies which may deal with
matters not triggering this Protocol, such as, but not limited to:
a) co-management, co-jurisdiction and co-existence arrangements on TTN Traditional Territory,
b) the nature and extent of TTN Rights including the right to hunt, fish and trap for food, social,
ceremonial and commercial purposes, and
c) self government arrangements.
3.0
Definitions
Crown means either or both of the governments of Canada and Ontario and its component parts and
agents, as well as its designates.
Moose River Basin Environmental Custodial Body means the advisory body composed of elders
from TTN, and Moose Cree First Nation.