Today we released a report entitled, Seizing Six Opportunities for More Clarity in the Duty to Consult and Accommodate Process.
The Crown has a constitutional duty to consult with and accommodate Indigenous peoples when proposed projects and developments could affect their constitutionally-protected rights. Governments often delegate the procedural aspects to industry, usually by incorporating consultation into the regulatory process. This is most often seen as a desirable and productive way to establish direct contact between industry and affected communities.
However, businesses often experience confusion that causes uncertainty and delay for project proponents and Indigenous communities. This lack of clarity can lead not only to the delay or cancellation of private sector projects, but to companies abandoning them altogether. The opaque approach of the Crown to the execution of its duty to consult and accommodate is unacceptable, unfair and potentially harmful to all concerned: business, Indigenous peoples and the Crown itself. A clear, consistent framework, built within a respectful and productive relationship with Indigenous peoples, is necessary.
Our report outlines six opportunities for the Crown to improve its duty to consult and accommodate process and improve relationships amongst businesses, Indigenous communities and government.
Read Seizing Seizing Six Opportunities for More Clarity in the Duty to Consult and Accommodate Process.