Duty to Consult
The Constitution Act, 1982 outlines and commits to the protection of fundamental rights for all Canadians; it defines the principles that Canadians agree to uphold. Since 1982, Canada agreed to protect a special set of rights for a distinct group of Canadians: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada…”
The Duty to Consult is triggered when Crown conduct, such as an approval of a natural resource development project, has the potential to negatively affect Indigenous and treaty rights (also known as “Section 35 rights”).
The Duty to Consult includes an obligation of the Crown to address impacts or concerns that are identified during the consultation process. In other words, once Indigenous peoples have expressed an issue or concern about an impact on their existing rights, the Crown must take reasonable steps to address those issues.
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Duty to Consult Services for Indigenous Nations
Whether Indigenous stakeholder, industry proponent or government regulator – every 3rd party must understand how a proposed project could affect First Nations, Inuit or Metis Section 35 treaty rights and the ability to maintain their way of life and how best to resolve potential issues.
Solutions for Your Success
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Find out about how duty to consult impacts the three main parties involved in the process, and how MNP can help.
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MNP helps ensure traditional use of land and water are protected by collecting and documenting information, backed by enhanced data management.
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Understand how much unoccupied Crown land is on traditional territory and the impact – from the Indigenous Nation to the project proponent – of development.
Insights
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Performance
December 02, 2020
COVID-19 raises employment tax exemption issues for Indigenous peoples
The Canadian Revenue Agency recently released an update on the employment tax exemption issues for Indigenous peoples that have been raised by the COVID-19 pandemic
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Agility
November 04, 2020
What Changes to Canada's Federal Regulatory Process Mean For Energy and Utilities Organizations
Recent changes to the Impact Assessment Act may require your company to take more steps for new projects.
Contact our Indigenous Services Team
Clayton Norris CPA,CMA, CAFM, MBA
Vice President, Indigenous Services
Clayton Norris, CAFM, MBA, CPA, CMA, is the Vice-President of Indigenous Services and National Leader for Indigenous Audit Services for MNP. He has been the team leader for a variety of management and financial advisory projects with Indigenous Nations, businesses and individuals.
Clayton has extensive experience in advisory services working with Indigenous communities providing accounting, tax and consulting services. With nearly 300 members, Clayton’s team has become one of the largest in North America serving First Nation, Métis and Inuit communities and businesses.
Clayton is on the Board of Directors at MNP and is on the Board of the Alberta Heart and Stroke Foundation.