National Centre
for First Nations
Governance
CONSULTATION FACT SHEET 1
CONSULTATION PRINCIPLES
DEFINITION:
Consultation principles define the rules or codes of conduct under which the consultation
process should take place.
PURPOSE:
Consultation is required when a proposed Crown decision may impact First Nation rights.
Consultation is an extremely important legal duty of the Crown. In order to fulfill that
duty, the Crown must create a meaningful opportunity for First Nations to properly
represent and voice their interests and concerns and for the Crown to address those
interests and concerns.
A statement of principles enables a First Nation to identify and highlight exactly those
rules by which it considers meaningful consultation must take place.
DESCRIPTION:
A growing number of First Nations have adopted consultation policies. Examples from
across Canada include the Mi’kMaq –Nova Scotia-Canada Consultation Process, the
Consultation Protocol of First Nations of Quebec and Labrador, the Bkejwanong Territory
(WFIN) Environmental Policies from Ontario, the FSIN Consultation Policy from
Saskatchewan, the Horse Lake First Nation Consultation Policy from Alberta, and the
Hupacasath First Nation Territory Land Use Plan and Simpcw First Nation Consultation
and Accommodation Guidelines, both from BC.
Some of these First Nation policies contain a specific section on principles. However, not
all policies make the principles explicit. Sometimes certain principles are contained in the
preamble; in other cases they may be intertwined with guidance on consultation
procedures
Common themes in these statements of principles usually reflect the guidance of the
Crown. They include:
Consultation must be conducted in good faith.
Consultation will occur before decisions are made.