Both the United Nations and the World Bank have addressed the issue of consultation
with indigenous peoples and have provided different perspectives in FPIC.
The UN Declaration on the Rights of Indigenous Peoples makes clear that Indigenous
peoples have the right to participate in decision making and that States must obtain their
free, prior and informed consent before adopting and implementing legislative or
administrative measures that may affect them. development and to give or
.
The World Bank has adopted a policy that World Bank funded projects will need a
process of free, prior and informed consultation with indigenous peoples, at each stage of
the project, to identify their views and to ascertain whether there is broad community
support for the project.
Appendix B-3 presents additional information the perspective of international law and
international institutions.
2.2.4
Provincial Guidelines
Provincial guidelines have been produced or proposed by a number of provinces
including Alberta, Saskatchewan, Manitoba, Ontario and Quebec.
These guidelines that set out the approach to be used by provincial government
departments (and sometimes project proponents) respecting consultations with First
Nations and Métis in circumstances where action contemplated by Government may
adversely affect Treaty or Aboriginal rights. The content of the provincial guidelines
usually covers:
Legal background on Aboriginal rights and the duty to consult
Principles to govern consultation
Recommendations on the consultation process
Issues related to Accommodation
These guidelines are based on the existing guidance of the Court and are intended to
reflect, in a practical way, the minimum legal requirements established by the courts.
Appendix B-4 presents additional information on provincial guidelines on consultation.
2.2.5
Corporate Perspectives
Two major business groups have provided perspectives on Aboriginal consultation in
recent years.