Joint First Nation-Crown Consultation Protocols
Yukon
Consultation Protocol between Carcross/Tagish First Nation and Yukon
(Identical protocols signed with 7 other Yukon First Nations)
BC
NWT
Tlicho Agreement
Ontario
Algonquin Consultation Protocol (proposed)
NS
Mi’kMaq –Nova Scotia-Canada Consultation Process 2007
Nisga’a Final Agreement
Tsawwassen First Nation Agreement-in-Principle
Lheidli T’enneh Agreement-in-Principle
Maa-nulth First Nation Agreement-in-Principle
Sliammon Agreement-in-Principle
2.4
ISSUES IN FIRST NATIONS CONSULTATION
2.4.1
Common Perspectives
A number of commonalities emerge from this review of First Nation, industry,
international and Canadian legal guidelines:
Aboriginal Rights: Recognition of and respect for Aboriginal and treaty rights
underpins the process of consultation.
Crown Duty: The Crown always has a duty to consult, even when Aboriginal
rights have not been proven.
First Nations Obligations: First Nations have an obligation to identify their rights,
act in good faith, participate in the consultation process and try to reach a mutually
satisfactory solution.
Third Parties: Although they have no duty to consult, Third Parties should be
involved in the consultation process and can play a significant role in adjusting
projects to avoid or minimize impacts on a First Nation.
Mutual Respect: Mutual respect and trust are fundamental elements in
establishing a good consultative relationship.
Meaningful Consultation: Consultation must be meaningful and requires a
genuine attempt to address interests and concerns.