activity that may affect AFN’s rights, title and interests in our Reserve lands and
Traditional Territory.
1. Purpose and Application
This Protocol sets out AFN's rules, under its laws and its understanding of
respectful application of Canadian law, for the process and principles for
consultation and accommodation between AFN, the Crown and Proponents,
about any Activity that is proposed to occur in AFN's Traditional Territory and/or
Treaty Territory or that might cause an Impact to the Environment or Health
therein or AFN Rights. AFN expects the Crown and Proponents to respect and
abide by this Protocol in all such interactions with AFN.
2. Definitions
a.
Accommodation includes measures to be effected in an effort to minimize the
impact on AFN and/or to allow AFN to participate in decision making with
respect to any Impact within the AFN Traditional Territory; balancing the needs
and values of the AFN community.
b.
Activity means any Crown Activity or Proponent Activity.
c.
Canada means the federal government or the federal Crown, Her Majesty the
Queen in Right of Canada.
d.
Consultation is a process engaged in between AFN, a Proponent and/or the
Crown, in good faith, designed to determine the Impact of proposed Activities
on AFN’s Traditional Territory, and any corresponding Accommodation
arrangements if applicable. Depending on the circumstances, Consultation does
not begin until there is an actual written or in limited cases verbal agreement that
discussions between the parties constitute consultation pursuant to the meaning
of that term as defined by the Supreme Court of Canada.
e.
Crown means either or both Canada and Ontario, and any component part of
each.
f.
Crown Activity means:
i.
New legislation, regulations, policies, programs and plans that provide
authority to or are implemented or to be implemented by the Crown;
ii.
Changes to legislation, regulations, policies, programs and plans that
provide authority to or are implemented or to be implemented by the
Crown;
4 — Alderville First Nation Consultation Protocol