the parties will meet to discuss the dispute in a constructive manner, and work
collaboratively to achieve consensus on the matter;
if agreement cannot be reached, any related Activities will be held in abeyance,
and the dispute will be referred to the leadership of the Simpcw First Nation,
senior Crown officials and the senior management of a Third Party to attempt to
reach agreement on the matter. Crown and Third Party representatives must have
authority to make decisions on matters being discussed. The parties may chose to
involve mutually acceptable third party(ies) in a mediation role to assist in
reaching agreement;
if agreement between the Simpcw First Nation and the Crown or Third parties
cannot be reached, then a mutually acceptable third party arbitrator may be asked
to recommend a final decision to the parties;
matters that are set aside pursuant to bullet item #2 above will not reduce or fetter
the obligations of the Parties to continue to deliberate in good faith and strive to
achieve consensus decisions on accommodations related to other Activities;
in the case of disputes over scientific or technical matters, the parties may each
appoint an equal number of qualified members to a scientific panel which will
recommend a decision on the matter;
the costs of dispute resolution will be borne by the Crown and/or Third Parties.
Step 7 – Implementation and Monitoring
Where an Activity proceeds, either as initially planned or as modified pursuant to this
process, Crown or Third Party will implement accommodation measures in a timely
manner. Implementation will include monitoring by Simpcw appointed monitors. Crown
and/or Third Parties will cover the cost of monitoring.
Example
Walpole Island First Nation Process for External Project Proponents
Initial Proponent Contact
The primary initial point of contact for external project proponents is Chief and Council
of Walpole Island First Nation. After an initial review of the proposed project, Chief and
Council may request further assistance from the Heritage Centre, other departments of the
WIFN Government or outside independent technical and legal expertise as the
consultation process progresses.
Project proponents should be aware that the primary issues of concern to WIFN include
the quality of the water, air, fauna, flora, waterbeds (particularly sediments) in our
traditional territory and undisputed territory, and the effects of pollutants on the physical,
emotional, and spiritual health and well-being of its members, both present and future.
Issues of particular concern to the community include, among others:
1. pollution prevention,