Timing: Consultation must be undertaken in a timely manner and as early in the
decision/planning process as possible.
Information Sharing: Information must be comprehensive and understandable.
Mitigation: Residual impacts must be minimized or mitigated.
Scope: The nature and scope of consultation will vary with the nature of the
proposed activity and the impact to Aboriginal activities.
Funding: Crown should provide funding for First Nations participation
Feedback: Provide feedback and offer reasons for a decision, if necessary
Dispute Resolution: Where a consultation results in no agreement, the parties may
agree to enter into a process of dispute resolution
2.4.2
Divergent Views
At the same time, there are divergent views on the following issues.
Consent: There is no consensus that First Nations or indigenous peoples should
have the “right to say no” to projects that might affect them.
Community Support: There are different perspectives on how to achieve informed
community participation. In addition, once a community has agreed to a project it
is not clear whether community support is needed at subsequent stages of a project
and how it should be verified.
Government-to-Government Relationship: There is no consensus that the duty to
consult carries the expectation that First Nations should be equal players in
resource management decisions.
Addressing Past Grievances: There is no common agreement that the consultation
process should also be used to address past grievances.