Over a series of Indigenous constitutional cases decided since 2005, the Supreme Court of Canada has determined that the Crown has a Duty to Consult Indigenous groups whenever an activity is contemplated that could impact their rights under S. 35 of the Constitution, and such activity involves a decision by a Crown entity to proceed. The Duty includes a duty to accommodate Indigenous groups for potential impacts where appropriate. Federal and Provincial Governments and their departments and agencies have made regulatory changes to the way major projects are permitted in Canada to conform with the Supreme Court’s rulings and are just now completing the learning curve on this subject. Now, a dozen years or more since the Duty evolved, the impact of change is being felt at the municipal level. Cities, towns and municipal district governments, as delegated Crown authorities to which the Duty applies, are now fully immersed in the learning curve to conform their municipal permit practices and procedures accordingly.
Discharging the Duty to Consult and Accommodate invariably requires the cooperation of the parties involved to do their part (i.e. government, project proponent and potentially impacted Indigenous groups). Most of the time, this is easier said than done. Far too often local governments are ill-equipped to consult and engage with Indigenous groups and properly take their issues and concerns into consideration. This is important information that needs to be understood and respected to make headway in discharging the Duty to Consult. Indigenous Advantage Inc. can help government departments, agencies and delegated authorities, especially at the municipal level, to improve their capacity to work with Indigenous groups and industrial project proponents to create a more trusting and collaborative environment while discharging the Duty to Consult.
The following are ways that Indigenous Advantage Inc. can help its government clients:
• Help with studying the impact of your regulatory requirements on Indigenous groups and Industry in relation to the Duty to Consult as an independent consultant;
• Help with facilitating multilateral sessions early on in the introduction stage of a major project to inform Indigenous groups and industrial project proponents of changes to your permitting processes and procedures as a result of the Duty to Consult;
• Help at the municipal level with establishing, maintaining and evaluating your relationships with Indigenous groups with a view to fostering progress and creating an environment where all stakeholders work together and municipally beneficial projects are likely to experience little or no objection from local indigenous groups.
• Help establishing and maintaining good relationships with Industry.