m. AFN must be consulted by the Crown and if applicable Proponents from the
earliest stages of any contemplated Activity, so that strategic and long-term
planning is facilitated, AFN's input must be taken into account in the
consideration of relevant alternatives to such Activity (including the alternative
of no activity), and in the design of such Activity. This will be a significant benefit
to the planning exercise, and greatly reduce the potential for conflict at later
stages.
n.
The Crown and if applicable Proponents must always consult with AFN with the
intent, and where required by AFN by taking all feasible steps, to accommodate
AFN by substantially addressing all of AFN's legitimate concerns about the
Activity.
o.
The Crown may delegate aspects of Consultation and Accommodation to the
Proponent so long as the Crown maintains an oversight role over the entire
process, unless AFN requests otherwise.
p.
Accommodation may generally include, but not limited to:
i
Prevention and remediation of Impacts (and where AFN requires as below,
by not proceeding with the Activity);
ii
mitigation of Impacts;
iii
provision for capacity building and other benefits from the Activity;
iv
provision of compensation for Impacts and related benefits from the
Activity;
v
measures to increase AFN's comfort with or trust in the Activity, including
community monitoring, community liaison or oversight committees, a role
on Proponent's board or other decision-making roles, etc.
q.
The Crown is expected to fund, and/or ensure funding is provided by any
relevant Proponent for all the reasonable costs of AFN to participate in a
meaningful and informed way in any Consultation process. These costs may be
estimated in a workplan and budget provided by AFN.
r.
AFN generally expects Proponents to address Accommodation by entering into
an agreement or where necessary multiple agreements with respect to Activities
that may result in any Impacts. The Crown is expected to work with AFN when
requested to ensure that Proponents meet these expectations.
10 — Alderville First Nation Consultation Protocol