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Indigenous-Defined Meaningful Consultation


Understanding:


We believe Indigenous communities should define consultation processes for themselves, but there are several components that experience1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 has shown should be included. To recognize Immemorial rights, consultations of community-based rights-holders must be undertaken. Many Indigenous communities we have worked with have understood that ‘meaningful consultation’:

  1. Is culture-based;
  2. Is nation-to-nation, recognizing Indigenous sovereignty
  3. Recognizes Inherent Jurisdiction over community, Indigenous institutions, and traditional territory;
  4. Recognizes Indigenous stewardship over traditional territory;
  5. Consults Immemorial rights and Indigenous law;
  6. Recognizes Immemorial rights as equal to Crown rights;
  7. Includes the sovereign right to say, “no;” and,
  8. Ensures Immemorial rights remain intact for past, present, and future generations.


Goal:


Indigenous communities see the basic goal of meaningful consultation as a bilateral sharing of rights and culture to establish a relationship for sharing the land based on the recognition of Indigenous sovereignty, Immemorial rights, law, and Inherent Jurisdiction.


Objectives:


Indigenous Peoples see basic objectives of meaningful consultation as:


Components:


Community Immemorial rights-based meaningful consultations include, but are not limited to:

1. Consultation of rights related to self-determination and traditional territory:

a) Living on the land, sharing it, and managing it;

b) Hunting, fishing, gathering, trading, accessing other resources, and building to the benefit of families and communities;

c) Owning, directing, and managing societal institutions (education, health, child welfare, justice, land, etc.);

d) Governing communities, traditional territories, and relationships with outside jurisdictions; and,

e) Directing individual, community, and nation destinies.

2. Consultation for vested rights of land, water, air, plants, and animals within the traditional territory:

a) Protecting the land and its resources; and,

b) Monitoring the use of traditional territory.



1 (2017) Herbert, J. R. G., Indigenous Consultation and Accommodation of Immemorial Rights: Pre-existing Societies Initiative. http://caid.ca/CAIDImmRigIni 2015_17.pdf

2 (2006) Herbert, R. G., Traditional Deer Harvest-Management in Treaty #3: A Response to Harmonize with the MNR's Human-Deer Conflict Strategy. http://caid.ca/T3Deer111406.pdf

3 (2008) Herbert, R. G., A Model to Establish a New Framework for Aboriginal Economic Development in Canada. http://caid.ca/Model031108.pdf

4 (2008) Herbert, R. G., A Model for the Reconciliation of Canada with its Indigenous Peoples: Restoration of Missing Infrastructure Phase 1: Pilot Program Development. by Dr. R. G. Herbert. http://caid.ca/ModelInf091608.pdf

5 (2008) Herbert, R. G., Re-establishing Indigenous Culture and Prosperity. http://caid.ca/Indigenous011608.pdf

6 (2009) Herbert, R. G., Meaningful Aboriginal Consultation in Canada: A Review of the First Nation, Inuit, and Métis Right to Consultation and Accommodation on Wildlife Resource Management and Hunting as Defined by Common Law. http://caid.ca/ConsultWild2009.pdf

7 (2009) Herbert, R. G., Meaningful Consultation in Canada: The Alternative to Forced Aboriginal Assimilation. http://caid.ca/MeaCon092409.pdf

8 (2009) Herbert, R. G., Working Papers on Meaningful Aboriginal Consultation in Canada: Overview. http://caid.ca/MeaConOve101609.pdf

9 (2010) Herbert, R. G., Working Papers on Meaningful Aboriginal Consultation in Canada: Step 1 – Nation Consultation. http://caid.ca/MeaConOne102309.pdf

10 (2010) Herbert, R. G., Report II Expansion of Research and Preparation: Ross River Dena Council – Yukon Government Dog Management Pilot Program. http://caid.ca/CAIDYKDogResPreII2010.pdf

11 (2011) Herbert, R. G., Practical Meaningful Consultation in Canada. http://caid.ca/PracMeaCon022511.pdf

12 (2013) Herbert, R. G., Public Consultation Comments: Proposed Changes to Class 1 Quartz Programs and Placer Land Use Operations. http://caid.ca/CAIDYKMinExpCon2013.pdf

13 (2013) Herbert, J. R .G., Yukon Environmental and Socio-economic Assessment Board: Public Consultation on Atlin Lake Campground #2013-0113. http://caid.ca/CAIDYESABAtlCmpgrd2013.pdf

14 (2014) Herbert, J. R .G, First Nation Consultation: A Practical Guide. http://caid.ca/CAIDPraGui2014.pdf

15 (2017) Herbert, R. G., Matawa Health Co-operative 2016-17 Report. http://caid.ca/MHCIRep2017.pdf

16 (2017) Herbert, J. R. G, Sustainable Veterinary Service in Northern Canada: A Veterinarians Without Borders Workshop - Panel Notes for Dr. R.G. Herbert. http://caid.ca/CAIDVWBJuly2017.pdf



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Last Updated October 15, 2018