National Centre for First Nations Governance CONSULTATION FACT SHEET 5 RESOURCES AND FUNDING DEFINITION: The duty to consult and accommodate, carries with it the obligation to ensure adequate and sustained funding for First Nations to carry out the ongoing work of identifying and articulating their interests and to participate in decision-making processes. IMPORTANCE: A major stumbling block to meaningful and valid consultation and accommodation with First Nations is the lack of financial and human resources needed to enable them to analyze and respond to consultations requests. DESCRIPTION: A persistent practical problem is the lack of financial and resource capacity of First Nations when consulted on complex projects. In addition, most First Nations in Canada are small and do not have the capacity to handle the potentially huge numbers of requests from governments for consultation about projects Who pays for the consultation costs of the aboriginal people?. The Court does not address this issue. Some provincial governments, such as Quebec have made it clear that funding is necessary in order to facilitate the participation of Aboriginal communities in the consultation processes initiated by the Government of Québec. To this end a financial support program will be prepared by the Secrétariat aux affaires autochtones, in collaboration with the Conseil du trésor More typical is the approach taken by Saskatchewan. Although the Saskatchewan Guidelines recognize that an Aboriginal group may need funding in order to obtain independent technical information, it leaves decisions with respect to the provision of funding in the consultation process to each department or agency on a case by case basis. First Nations are unanimous in the position that if federal and provincial governments are bound to act honorably in consultation, this includes the obligation to ensure that First Nations are on a fair footing with regard to information, expertise and resources. Funding is also needed from project proponents to address First Nations capacity issues.

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