GOVERNMENT OF CANADA MOVES AHEAD WITH ACTION PLAN TO CONSULT FIRST NATION, MÉTIS AND INUIT GROUPS

Ottawa (November 1, 2007) - The Government of Canada today launched an action plan to address the legal duty of federal departments and agencies to properly consult with First Nation, Métis and Inuit groups when Crown conduct may adversely impact established or potential Aboriginal and Treaty rights.   

The legal duty to consult could be triggered by a federal approval, license, permit or by any large or small size project or activity that could adversely impact, established or potential Aboriginal and Treaty rights. This could include, for example, approvals of natural resource development projects or the management or disposal of Crown property. 

The Government action plan will, in the long-term, provide more predictability, certainty and transparency on when and how to practically consult and possibly accommodate Aboriginal groups.

“This action plan will ensure that due diligence is followed by the entire federal government on matters in which Aboriginal and Treaty rights are involved,” said Minister Strahl.  “For example, in situations involving federal permits or federal approvals of resource and land development projects, a thorough consultation process with the involved First Nations, Métis and Inuit groups is crucial.”

This fall, a federal interdepartmental team will begin to implement the action plan.  The plan will ensure that:

Federal officials receive interim consultation guidelines and related training;

Federal officials begin monitoring and improving the coordination of consultation and accommodation practices across departments;

A repository of information is created to track the location and nature of Canada’s established and potential Aboriginal and Treaty rights; and

First Nations, Métis and Inuit groups, as well as provinces, territories and industry groups are engaged in the development of a policy on consultation and accommodation beginning in winter 2008.

Backgrounder - Action Plan on Consultation and Accommodation

Why Action Plan is Needed?

In the 2004 Haida and Taku River decisions and in the 2005 Mikisew Cree decision, the Supreme Court of Canada ruled that the federal and provincial Crown have a legal duty to consult, and, where appropriate, accommodate when Crown conduct may adversely impact established or potential Aboriginal and Treaty rights.

The legal duty to consult may be triggered by a federal or provincial approval, license, permit or by any large or small size project or activity that could adversely impact established or potential Aboriginal and Treaty rights. This could include, for example, approvals of natural resource development projects or the management or disposal of Crown property.

The legal duty is the responsibility of all departments/agencies and each one must manage the duty to consult triggered by its own activities. However, no one department or agency has been responsible for coordinating a federal approach, resulting in lack of coherence, consistency and coordination.

The strategic objectives of the federal action plan include:

To assist federal departments and agencies in fulfilling Canada’s legal duty to consult and, where appropriate, accommodate in relation to established and potential Aboriginal and Treaty rights.

To create sustainable approaches and partnerships in relation to consultation.

In the long-term, to provide more predictability, certainty and transparency on when and how to consult and possibly accommodate Aboriginal groups.

To promote reconciliation of Aboriginal and Treaty rights with other societal interests.

What does the action plan consist of?

Authority was given to the Ministers of Indian Affairs and Northern Development and Justice, on behalf of the government, to take the following concrete measures:

Engage with First Nations, Métis and Inuit groups in the development a federal policy on consultation and accommodation, and discussions with provinces, territories and industry groups

Establish interdepartmental mechanisms to monitor and improve coordination of consultation and accommodation practices

Create an inventory of information on the location and nature of established and potential Aboriginal and Treaty rights

Distribute interim consultation guidelines to federal officials and provide related training

Establish an interdepartmental team to implement the action plan

Expected Results of the Action Plan

Federal officials are equipped with the tools they need to discharge the legal duty to consult

Improved federal interdepartmental consistency and coordination

Creation of a federal policy on consultation that addresses policy and legal challenges and that reflects the participation of First Nations, Métis and Inuit groups in its development

Better coordination of Canada’s consultation approaches with related provincial, territorial and industry activities