TTN Consultation and Accommodation Protocol
Final - January 2011
biophysical environment that supports its survival, to govern itself, and to participate in all governance
and operational decisions about how the land and resources will be managed, used, and protected;
Whereas TTN’s laws require TTN to preserve and even enhance a mutually respectful relationship
with the biophysical environment, to co-exist with Mother Earth and protect this relationship. TTN
under its laws has the responsibility to care for its Traditional Territory for future generations, to
preserve and protect wildlife, lands, waters, air, and resources. TTN relies on the health of the
biophysical environment in its Traditional Territory for its survival. The health of the lands and waters
is essential to the continued existence of TTN as a people and its’ members’ health, its culture, laws,
livelihood, and economy.
Be it therefore resolved that TTN reaffirms its land and resource rights and responsibilities
belonging to its people, and that the establishment of this Protocol is an expression thereof.
5.0 General Principles of Meaningful Consultation
a. All development projects or decisions with a potential impact on TTN must be made carefully
and in the best interests of TTN’s long-term well-being. TTN has suffered adverse effects in
the past from development, use, and pollution of its Traditional Territory.
b. TTN expects to play a meaningful role in any Environmental Assessment (EA) or regulatory
approval processes. This will include, if requested by TTN, a role in establishing the scope
and terms of reference for such EAs, participating in conducting EAs, and to appoint a
member(s) to any committees/bodies established for the purposes of consultation or
coordination. TTN also expects to be able to review and comment on environmental impact
statements, screenings, studies, or like reports. Note that EAs and any role that TTN might
take in regard to these do not, on their own, satisfy the Crown’s Duty to Consult.
c.
It takes time to make good decisions that consider all relevant matters, and it takes time to
build and maintain good relations, and sufficient time must be provided for consultation, and if
applicable, accommodation of TTN by the Crown and proponents.
d. All parties to the consultation and accommodation process are expected to treat each other
with respect and act in good faith, in an honest, transparent, and open manner.
e. The Crown and if applicable, proponents, must always consult with TTN with the intent to
accommodate, by taking all feasible steps, TTN’s legitimate concerns about the impact of the
development project or decision.
f.
TTN must be consulted by the Crown and if applicable, proponents, from the earliest stages of
any proposed development project or decision which may have an impact on TTN. In this
way, strategic and long-term planning is facilitated and TTN’s input can be taken into account
in the consideration of relevant alternatives to the project or decision, its design, and
assessment of its environmental and socioeconomic effects. This should be a demonstrable
benefit to the planning exercise, and greatly reduce the potential for conflict at later stages.
g. While the Crown may delegate procedural aspects of the consultation and accommodation
process to the proponent, it is expected, at a minimum, to remain engaged and to maintain an
oversight role over the entire process, and will continue to fulfill its responsibilities to TTN as
described in section 6.1 of the Protocol.
h. By virtue of the Treaty (Treaty No. 9), and the Constitutional protection of its Aboriginal and
Treaty rights, TTN is not a third-party stakeholder as compared with those who do not have
Aboriginal and Treaty rights and a special relationship with the Crown.
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