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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April 18, 2023
Bill C-92 is before the Supreme Court of Canada, where does this leave First Nations?
MNP has partnered with MLT Aikins to summarize Bill C-92, highlight the current constitutional challenges facing legislation, and provide an overview of the practical considerations for Indigenous communities who are considering creating their own child and family services legislation.
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Performance
February 28, 2023
Solving Human Resource Challenges
First Nations face several unique human resource challenges that can be managed by taking decisive steps and getting external help.
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Progress
January 04, 2023
How urban Reserves support local business and municipal economies
Explore the concept of Indigenous urban Reserves — what they are, why they exist, and how they impact the local municipality and economic scene.
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.