Alberta First Nations Consultation Options and Recommendations

June 4, 2007

Background, The Issue will not Disappear

• Based upon Section 35 (1982 Constitution)– (1) The existing aboriginal and treaty rights of the aboriginal

peoples of Canada are hereby recognized and affirmed

• What are these Rights?– Treaty and Aboriginal Rights– Historical/cultural practices

• Examples include hunting, trapping, fishing

• Continued evolution and clarification as determined by Courts, including:– The Crown must consult

– The Crown may delegate “procedural aspects” of consultation

Context: Alberta’s Process

• Lack of Clarity in Guidelines has resulted in Key Issues and Challenges– Learning curve and lack of tools is a challenge for

Government field staff– A variety of consultation processes are being adopted by

different First Nations– Limited capacity of all parties– Increasing timelines for the regulatory process– Duplicative Government process (eg. Departments and

AEUB)– Emerging/increasing First Nation consultation fees

• Increased Costs and Uncertainty for Industry

CAPP Strategy – Develop Recommendations

• Key Framing Concepts for Recommendations– Identification of short term, achievable

objectives within long-term framework

– Solutions on all challenges must be advanced together

– A preference for collaborative three-party processes and resolutions

Simplified Flow Chart

Project identified for

approval

Contact GOA to determine

who to consult with

Conduct consultation

with First Nation(s)

File consultation

summary with application to

GOA

Application approved if consultation

deemed complete

GOA approval received

Apply for license with

AEUB

License issued -

Commence activity

• Consultation process seen as economic vehicle

• Each community has different approach

• No Formal Process with First Nation communities

CAPP Proposed Consultation Process