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.
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Germaine Conacher BA
Partner, Consulting, Indigenous Services
Germaine Conacher, MA, is a member of MNP’s Consulting team, specializing in Aboriginal consultation and Aboriginal rights studies (also known as traditional land use studies). Drawing on more than a decade of experience, Germaine helps First Nations, Métis governments, natural resource development companies and provincial, territorial and federal governments with all aspects of Aboriginal consultation.
Germaine implements results-based consultation processes, guiding projects from inception to successful conclusion. She has conducted more than a dozen Aboriginal rights studies with First Nations in Alberta, B.C., Saskatchewan, Ontario and the Yukon and has been involved in developing methods for identifying effects to Aboriginal and treaty rights within environmental assessments.
Germaine’s most recent projects include coordinating the Aboriginal consultation for pipeline and transmission companies and conducting land use studies for Nations in western Canada and Ontario. She has presented on duty to consult / Aboriginal consultation requirements for several companies and organizations. Germaine is known for being able to determine clear direction in complex situations and solve problems for clients.
In 2002, Germaine earned a Bachelor of Arts degree, with distinction, from the University of Alberta. She obtained her Master of Arts (MA) degree at the University of Toronto in 2005.