TTN Consultation and Accommodation Protocol
Final - January 2011
i.
The Crown and proponent are expected to fund, and/or ensure funding is provided, for all
reasonable costs of TTN to participate in a meaningful and informed way in the consultation
and accommodation process, for any development project or decision which may have an
impact on TTN.
j.
The Crown must not dispose of, or grant to any party any interest in land which would have an
impact on TTN (either in its Traditional Territory, or which would impact its Treaty rights)
without the prior and informed consent of TTN.
k.
TTN is a respected and principled steward of the biophysical environment. TTN’s input and
perspective in any consultation and accommodation process will likely include the use of
traditional ecological and cultural knowledge, alongside knowledge from Western scientific and
technical sources.
l.
TTN recognizes the need to identify and develop new and appropriate ways through which
aboriginal and non-aboriginal parties may create sustainable development opportunities from
the resources that exist within TTN’s Traditional Territory.
6.0 Responsibilities
6.1 Responsibilities of the Crown
Fundamentally, it is the responsibility of the Crown to operate in good faith and uphold the
Honour of the Crown, and fulfill its duties towards TTN with respect to Treaty and Aboriginal
rights. In practice, in the context of all development projects and decisions which may impact
TTN, this entails:
Actively participating in, and abiding by the terms of, the consultation and
accommodation process set out in the Protocol.
Acting with honour, integrity, fairness, and in good faith, when dealing with TTN.
Providing full and ongoing disclosure of information with respect to the project or decision
of interest.
Consulting with an intention to accommodate TTN’s concerns, when possible at an early
stage in the planning, by attempting to mitigate impacts or infringements on TTN’s rights,
and limit damage done to the biophysical environment in TTN’s Traditional Territory.
Undertaking and disclosing to TTN an assessment of the extent of its Duty to Consult.
Taking a leadership and oversight role in the consultation and accommodation process,
consistent with the role and duty of the Crown.
Providing early and ongoing opportunities for TTN to voice its concerns, comment on key
outputs of any decision-making and planning process, and have a meaningful and
influential role in the decision-making and planning process.
Adjusting timelines of development projects or decisions, without causing undue hardship
to the Crown or any proponent, until such time as TTN has fully participated in,
considered and identified its concerns, and had these concerns accommodated with
respect to such projects or decisions by either the Crown or the proponent, as applicable.
Ensuring the consultation and accommodation process is adequately and securely
funded, and providing funding to TTN for this purpose where applicable.
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