What does indigenous consultation mean?
a duty to consult
The Government of Canada has a duty to consult, and where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights.
Why is indigenous consultation important?
Consultation Directive The Government of Canada, in its consultation with Aboriginal groups, seeks to identify potential adverse impacts of federal activities on potential or established Aboriginal or Treaty rights and related interests and find ways to avoid or minimize these adverse impacts.
What triggers duty to consult?
Triggering the duty First, the government has a real or constructive knowledge of a right. The third factor required to trigger a duty to consult and accommodate is that the government’s decision has the potential to adversely impact the continued existence of a Treaty or Constitutional right.
How do you consult with Aboriginal communities?
A good way to meet community people is to attend a local Aboriginal Education Consultative Group meeting. For details of the closest local AECG contact the NSW AECG Inc. Secretariat. Local AECG meetings are held on a regular basis.
What is Bill c15?
Bill C-15’s stated purpose is to begin the process of aligning Canadian law with the United Nations Declaration on the Rights of Indigenous People (UNDRIP). However, nearly every First Nation in Alberta has openly rejected the Bill, along with many Conservative governments across Canada.
What is adequate consultation?
Consultation generally involves: providing timely and accessible information to the Aboriginal community on the proposed project, activity or decision. obtaining information on any potentially affected rights. listening to any concerns raised by the Aboriginal community.
What is a consultation framework?
4. Our consultation. framework. This provides a framework of guidance and principles for engaging with our communities. It includes the aims and objectives we have set ourselves, the principles that govern what we do and also our consultation commitments.
What are Aboriginal protocols?
Protocols are ethical principles which guide behaviour in a particular situation. These protocols are designed to protect Aboriginal and Torres Strait Islander cultural and intellectual property rights.
What is the Closing the Gap report?
Closing the Gap acknowledges the ongoing strength and resilience of Aboriginal and Torres Strait Islander people in sustaining the world’s oldest living cultures. It also recognises that structural change in the way governments work with Aboriginal and Torres Strait Islander people is needed to close the gap.
How do you prove you are Aboriginal in Canada?
How do you prove you are a status Indian
- apply for a status card.
- call Indigenous and Northern Affairs Canada Public Enquiries and ask for a Temporary Confirmation of Registration Document until you receive your status card.
What is the test for Aboriginal title?
The test for Aboriginal title is based on sufficient, continuous and exclusive occupation by a First Nation prior to European sovereignty and does not bar nomadic and semi-nomadic people from proving an Aboriginal title claim.
Is there a duty to consult First Nations?
The duty to consult First Nations has been affirmed by the Supreme Court of Canada in a series of decisions, including: The Williams Treaties First Nations support relationship building and an open dialogue on a government to government basis as it relates to processes of consultation.
When to consult with First Nations in British Columbia?
Consultation with First Nations is a requirement of the Province of British Columbia, businesses and individuals where activities proposed impact Aboriginal rights and title, treaty rights and claims.
What are the rights of First Nations in Canada?
First Nations, Inuit and Métis peoples in Canada 1 have unique rights that are guaranteed under section 35 of the Constitution Act, 1982.
Why does Canada need to consult with indigenous people?
Furthermore, the United Nations Declaration on the Rights of Indigenous Peoples, endorsed by Canada in 2010, provides that member states must consult and cooperate with Indigenous peoples on certain matters, such as “legislative or administrative measures that may affect them,” in order to obtain their free, prior and informed consent. 3