Note
Issued also in French under title: Consultation et accommodement des Autochtones, lignes directrices actualisées à l'intention des fonctionnaires fédéraux pour respecter l'obligation de consulter.
Distributed by the Government of Canada Depository Services Program (Weekly checklist 2011-19).
"QS-7105-001-EE-A1".
Electronic monograph in PDF format.
"March 2011."
Summary
This document reflects evolving case law and engagement with Aboriginal organizations and communities, provinces and territories and industry representatives. A key element of the Updated Guidelines is the Guiding Principles and Consultation Directives which provide clearer direction on the governmentwide responsibility of departments and agencies to fulfill the duty to consult. The Updated Guidelines focus on the increased need for policy leadership, coordination and collaboration, federal accountability, strengthening partnerships and strategic and practical guidance, training and support. These new or enhanced elements demonstrate the progress made by the federal government to address consultation and accommodation issues.
Contents
Part A. Overview – I. Introduction – II. Common law duty to consult – III. Government’s response – IV. Context across Canada – 1. Historical and Geographical – 2. Legal – 3. International – V. Updated consultation guidelines – VI. Guiding principles and consultation directives –
Part B. Getting ready for consultation and accommodation – I. Roles and responsibilities -- Federal departments and agencies – Provinces and territories – Aboriginal groups – Third parties – II. Developing a departmental or agency approach to consultation and accommodation – 1. Identify Crown conduct in relation to the duty to consult – 2. Assess potential adverse impacts of departmental and agency activities – 3. Identify potential or established Aboriginal or treaty rights and related interests – 4. Develop a departmental or agency approach to consultation and accommodation – 5. Coordinate with partners, and/or rely on other consultation processes – III. Organizing your department or agency for consultation and accommodation – 1. General considerations – 2. Organizational, financial and human resources considerations – 3. Training considerations – 4. Engaging Justice counsel in the consultation and accommodation process.