5.6
Negotiations must be in good faith, and all alternative options must be on the table
including a “no-activity” option if this is the approach to accommodating Simpcw
Title and Rights required by the Simpcw Signatories.
5.7
Consultation must occur at all stages in relation to Activities that potentially
infringe on Simpcw Title or Rights. The Simpcw Signatories must be involved in:
legal and policy changes; strategic long, medium and short term planning,
scientific and technical decision-making; assessment of environmental impacts;
operational plans/processes; approvals which may lead to the issuance of a permit,
license, lease, or change in land status; monitoring; and any amendments to such
decisions.
5.7.1 Decisions about Activities shall be made on a government-to-government
basis with the formal involvement of the Simpcw Signatories. The norm
shall be that the Crown does not make decisions about Activities or
undertake any Activities without the full participation and approval of the
Simpcw Band Council, and that the agreement is reached on legal, policy
and strategic level decisions (ie land use plans, allowable cuts, tenuring
before operational or site level proposals are considered).
5.7.2 Legal, policy and strategic level decisions, including decisions about
tenuring, allowable annual cut and land use planning will be made first on
a government-to-government basis and will bind Third Parties.
Example
FSIN Guiding Principles
6.1. The following principles will guide the FSIN in all its public Consultations:
6.1.1 Consultation must be conducted in good faith;
6.1.2 Consultation will occur before decisions are made;
6.1.3 Consultation will be given adequate time to consider the questions presented for
Consultation, within the timelines it has been given to fulfill its research mandate
on particular topics;
6.1.4 Adequate and sufficient resources shall be made available for consultation to
occur;
6.1.5 The objectives and scope of Consultations will be clearly communicated before
Consultation begins. The steps in the Consultation process and the role of the
Consultation in the FSIN’s overall approach to the issues involved will be
explained to participants at the outset;