CEPA’s consultation framework is consistent with current industry practices. It also
addresses most of the over-arching principles found in consultation policies or other
documents of Aboriginal groups, which were reviewed in developing this framework. The
framework can be used as a foundation for companies to build more specific policies, or it
can be used on its own as a guide to consultation activities.
During the review of existing policies and guidelines, two main points emerged:
Consultation is a priority issue for governments, industry and First Nations.
Several provincial governments have developed or prposed consultation
guidelines. A number of Aboriginal communities have also developed
comprehensive principles, and many CEPA companies have either established
guidelines or negotiated consultation agreements with Aboriginal communities.
There are similarities and commonalities among basic principles
A number of common principles emerged during the review of Aboriginal,
industry, and legal guidelines. These principles are divided into eight broad
categories:
(i) Recognition of Aboriginal and treaty rights: Aboriginal rights must be
respected;
(ii) Relationships: consultation activities can create mutually beneficial
relationships;
(iii) Duty to consult: the Crown always has a duty to consult, even when
Aboriginal rights have not been proven. The Crown is ultimately responsible
for consultation, although some aspects of consultation may be delegated to
industry;
(iv) Underlying principles: consultation must be meaningful and requires a
genuine attempt to address interests and concerns;
(v) Timing: consultation must be undertaken in a timely manner and as early in
the decision/planning process as possible;
(vi) Information to community: information must be comprehensive and
understandable;
(vii) Identification of impacts accompanied with the development of appropriate
mitigation plans: impacts must be minimized; and
(viii) Scope of consultation: the nature and scope of consultation will vary with the
nature of the proposed activity and the impact to Aboriginal activities.