These procedures variously address ways in which the consultation process should be
initiated; the role of consultation plans; negotiations; consultation techniques;
accommodation; and dispute resolution.
A variety of approaches have been implemented by different First Nations. These range
from a one-window approach to multi-step procedures.
For example, the Horse Lake First Nation Industry Relations Corporation (HLFN IRC)
serves as a one contact/one window approach to streamline the exchange of information,
communication/interaction, and relationship-building requisite for adequate and
appropriate consultation to occur with resource development companies and HLFN
members' interests. The IRC will also negotiate agreements to assess and mitigate adverse
impacts to HLFN Traditional Territory, to identify and accommodate HLFN members'
issues, and to ensure that HLFN benefits positively from capacity building, economic
development, revenue sharing, and joint venture opportunities.
In contrast, both the Simpcw First Nation and the AFNQL spell out multi-step processes.
The Walpole Island First Nation builds an IBA or an MOU into its process, as a way of
addressing accommodation issues.
EXAMPLES:
Example
HLFN: Form and Conduct of Consultation
HLFN will only engage in face-to-face consultation with the relevant decision maker, be
that the Crown or its appointed representative, i.e. the developer of the proposed activity.
HLFN Chief & Council have authorized a singular representative to undertake
consultations on its behalf, and to direct the consultation process exclusively from the
HLFN Industry Relations Corporation located in Edmonton.
Consultation shall take only the following two forms: i) written consultation shall consist
of correspondence via mail only to/from HLFN IRC and ii) oral consultation shall consist
of face-to-face meetings scheduled at the discretion of the HLFN IRC Director.
HLFN expects that the Crown or its appointed representative will notify HLFN in writing
by submitting a complete Project Notification Package, when a situation arises which
requires consultation.
The Project Notification Package shall minimally contain sufficient information to allow
HLFN to: i) understand the nature and scope of the proposed activity; ii) understand how
the proposed activity may affect HLFN Traditional Territory ;iii) understand who will be
undertaking the activity; iv) understand what documents, including applications, studies,