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.

Solutions for Your Success

  • Find out about how duty to consult impacts the three main parties involved in the process, and how MNP can help. 

  • MNP helps ensure traditional use of land and water are protected by collecting and documenting information, backed by enhanced data management. 

  • Understand how much unoccupied Crown land is on traditional territory and the impact – from the Indigenous Nation to the project proponent – of development. 


    • Progress

      March 06, 2024

      How Indigenous communities can achieve equity ownership in major energy projects

      What steps should Indigenous communities take to successfully navigate the complex transaction process with energy companies?

    • January 16, 2024

      The challenges of capital project management within Indigenous community settings

      Delivering capital projects within First Nation and Indigenous communities presents unique aspects that require a tailored approach.

    • December 04, 2023

      Considerations for reporting Asset Requirement Obligations by First Nations communities

      An asset retirement obligation (ARO) is the expected costs associated with the retirement of a tangible capital asset.

    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.