2.5
G UIDES AND RESOURCES ON CONSULTATION
2.5.1
Key Guides and Resources
A number of guides that addressed certain aspects of the consultation process were
identified. These included the following.
Consulting with the Crown: A Guide for First Nations
This was produced by the Centre for Indigenous Environmental Resources in
2007. This guide discusses the legal definition of consultation and the duty of the
Crown. It provides a tool to assist a First Nation in effectively engaging in
consultation with Canadian provincial and federal governments. It sets out a sixstep process that focuses heavily on the planning and education that takes place
before consultation, and provides a means by which a First Nation can design a
suitable consultation approach.
Consultation Protocol of First Nations of Quebec and Labrador
This was prepared by the First Nations of Quebec and Labrador Sustainable
Development Institute in 2005. It is meant to be a practical tool for communities
and First Nations that receive requests for consultations or demand to be consulted
when they learn of proposed action that may affect First Nations. It is also
intended as a reference tool in support of representations and negotiations at the
federal and provincial levels. The Protocol provides background information on
the origins, context and consequences of the federal and provincial governments’
duty to consult and accommodate First Nations.
First Nations Environmental Assessment Toolkit
This toolkit was developed in 2004 by the First Nations Environmental
Assessment Technical Working Group (FNEATWG), an informal organization of
EA practitioners in BC. It provides information and practical advice that will help
First Nations participate effectively in the EA processes. Relevant topics related to
negotiation include the common law duty of the Crown to consult with First
Nations; engaging the proponent; funding opportunities; and negotiating impact
benefit agreements.
Impact Benefit Agreements between Aboriginal Communities and Mining
Companies: Their Use in Canada
This report by Irene Sosa and Karyn Keenan for the Canadian Environmental Law
Association was produced in 2001. It provides guidance on the following: the role
of IBAs, the legal framework, the legal status of IBAs, using memorandum of
understanding or agreement in principle to establish the “rules of the game” for the