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Wolastoqiyik First Nations

Developing Consultation Protocols

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What are protocols?

“a system of rules that explain the correct conduct and procedures to be followed in formal situations”

“a document that describes the details of a treaty or formal agreement between countries”

Merriam Webster Dictionary

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Objectives of Session

• Inform you of the Wolastoqiyik Consultation Protocol project

•Gather your input for the development of a Draft Set of Protocols

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Presentation Outline

1. What is this project about?

2. What is the Duty to Consult and Background

3. Purpose of Consultation Protocols

4. Hearing from you

• Discussion

• Wrap up

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WHAT IS THIS PROJECT ABOUT?

Wolastoqiyik Protocols Development Project

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What is this project about?

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Mactaquac Generation Station – Present Day

www.mactaquac.ca

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What is this project about?

The Wolastoqiyik First Nations are preparing to consult with NB Power on the future of the Mactaquac Generating Station

Identifying the need for how the consultation will take place Internal Protocols

External Protocols

Provide an opportunity for community members to provide input on the development of these consultation protocols.

These protocols will improve communication and consultation practices to aid consultation process both internally and externally.

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What is this project about?

Phase 1 (October 2015 – March 1, 2016)

Community consultations:

• Scope and Purpose

• Principles

• Components of Internal and External Protocols

Internal and External Protocols

Identify additional work needed on Protocols

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DUTY TO CONSULT

Wolastoqiyik Protocols Development Project

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Why should First Nations participate in Consultation?

• Being involved protects the rights of First Nations and provides communities the opportunity to express concerns and opposition.

• Ensure communities understand the consultation and accommodation process and engage community members.

• “Strength in Numbers”, First Nations are in the best negotiation position for:• Mitigation• Impact Benefit Agreements• Environmental Protection

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Why should First Nations participate

in Consultation?

• Being involved protects a First Nation’s rights to go to court in the future

• In order to successfully challenge a decision you need to demonstrate that you (the First Nation) were a part of the process

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What is Duty to Consult?

“The duty to consult is an obligation of the government as a whole. In Haida, Taku River and Mikisew Cree, the Supreme Court of Canada held that provincial and federal governments have a legal obligation to consult when the Crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights.”

Government of Canada, 2011

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What is Duty to Consult?

Duty to Consult is a result of Section 35(1) of the Constitution Act, 1982

First recognized in the Supreme Court decisions HaidaNation and Taku River Tlingit First Nation decisions in 2004 & Mikisew First Nation in 2005 by the Supreme Court of Canada

The Duty to Consult rests with the Crown as part of the principle of the honour of the Crown

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When does Duty to Consult arise?

Three elements are required:

1. Contemplated Crown conduct (e.g. providing permits and licenses for oil, mining, energy projects for exploration, construction, etc.

2. Potential or established Aboriginal or Treaty rights (e.g. hunting, fishing, gathering activities, trapping, other cultural practices related to land, water, air); and

3. Potential adverse impact on these rights (e.g. limitations on Aboriginal groups’ ability to exercise various rights and cultural practices).

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Key Guiding Principles and Consultation Guidelines

Early and Meaningful Engagement

Timely, efficient and responsive

Open mind

Start early in the decision making process

Transparent and predictable

Accessible, reasonable, flexible and fair

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Key Guiding Principles and Consultation Guidelines

Good faith, respect and reciprocal responsibility

Respects uniqueness of Aboriginal communities

Open to accommodation

Coordinated and integrated with partners

Balance Aboriginal and other societal interests

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Consultation ConferenceSt. Mary’s First NationMarch 26 & 27, 2014

Participant Feedback - Key elements in

meaningful consultation

• Clear vision

• Considering the “big” picture

• Community engagement

• Knowledge building

• Capacity building

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Consultation ConferenceSt. Mary’s First NationMarch 26 & 27, 2014

Key elements in meaningful consultation:

• Communication strategy

• Identification of community needs

• Other

• TK and TLU studies

• Involvement of Grand Councils

• Ensuring FN people continue to exercise their

Aboriginal right

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Best Practices in Consultation

• Preplanning

• Community Support

• Approach consultation as a Nation

• Developing a consultation policy

• Introduction to Proponents

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Best Practices in Consultation

• Relationship Building

• Satisfying the Duty to Consult and securing

the best accommodation

• Dealing with Provincial Referrals

• Tools and Resources

NRT, Best Practices for Consultation and Accommodation, 2009

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CONSULTATION PROTOCOLS

Wolastoqiyik Protocols Development Project

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What are protocols?

Internal Protocols

Between the Wolastoqiyik First Nations

Within each Wolastoqiyik First Nation

External Protocols

Between the six Wolastoqiyik First Nations and NB Power

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Your Input - Internal Protocols

Provide input to develop Internal Wolastoqiyik First Nations (WFN) Protocols.

Components of Internal Protocols may include:

Purpose, Principles and Scope of Protocol. Decision making infrastructure Staff Responsibilities Reporting Structure Communication processes Dispute resolution Other?

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External Protocols

• Project will develop External Wolastoqiyik First Nations (WFN) Protocols. Components may include:

• Principles, Scope and Purpose

• Consultation Process

• Communications

• Review and amendments

• Funding

• Issues and Dispute Resolution Process

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COMMUNITY INPUT

Wolastoqiyik Protocols Development Project

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Your Input – Protocols

• 1. What are important Principles for Internal Protocols within and between Wolastoqiyik communities?

• 2. What are important Principles for External Protocols between NB Power and the Wolastoqiyik communities?

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Community Input

• 3. How do you think decisions should be made:

• Within the community?

• Between communities?

• Between NB Power and the Wolastoqiyik communities?

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Community Input

• 4. What types of information do you need about this project from:

• NB Power?

• Your Chief and Council?

• Other Wolastoqiyik communities?

• Technical experts?

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Community Input

5. What are effective ways or getting information to the community? Of providing community feedback on the project?

6. Are there other parties that should be involved in the process?

7. How should disagreements or differing opinions be resolved?

8. What should be the process be for making changes to the protocols?