1.
INTRODUCTION
1.1
OBJECTIVES OF THE PROJECT
The purpose of this project is to compile information on consultation frameworks that
could be used by First Nations in Canada.
To this end, this Report:
1.2
Provides background information, including an overview of the legal framework
for First Nations consultation.
Identifies aboriginal consultation policies and practices in place among
governments, First Nations and corporations in Canada.
Identifies elements of effective consultation practices and frameworks involving
First Nations in Canada and, where relevant, indigenous peoples internationally.
Identifies essential elements for a “practical guide” on effective consultation
approaches involving First Nations in Canada.
APPROACH AND SCOPE
This project involved extensive research into and analysis of the role that meaningful
consultation can play in First Nation development in Canada. A key element was to
develop insights into the importance of consultation in helping First Nations achieve
greater self governance.
The Consultant reviewed the significance of legal interpretations of the Crown’s duty to
consult, the impact of the Court’s guidance on meaningful consultation and
accommodation, as well as the implications of the right of indigenous peoples to free,
prior and informed consent.
The recent guidance of the Court has provided the basis of new guidelines on consultation
by provincial governments and First Nations and underpins new perspectives on
consultation by Canadian business, Examples of provincial and First Nation guidelines
from across Canada were identified and analyzed. This provided important insights into
the key elements of effective consultation protocols that could be adopted by First
Nations.
Another significant component of the research program was to identify and analyze
existing guides on consultation and examine their applicability for First Nation users.