Consultation and Accommodation
Consultation, Accommodation and Consent
We enact our law based on Inherent and Treaty Rights, Title and Interests that will guide the conduct of Crown-First Nation consultation and accommodation. We are the direct descendants, heirs, and successors of the Nations which entered into Treaty No. 2 in 1871 with the Imperial Crown, and as a result their inherent rights and Treaty-confirmed – Title and Interests regarding lands, waters, and resources are recognized and affirmed pursuant to section 35 of the Constitution Act, 1982.
We continue to assert and maintain the protection, promotion and enforcement of its inherent Rights, Title and Interests before Treaty, at Treaty, and over the years after Treaty continuously to the present day.
Pursuant to Supreme Court of Canada decisions in the Haida, Taku River and Mikisew cases, the Crown has a legal duty to consult and accommodate First Nations whenever it is contemplating or making any decisions or conducting an activity that may infringe on those inherent rights and Interests of First Nations people.
We uphold and is guided by the UN Declaration on the Rights of Indigenous Peoples and the doctrine of Free, Prior and Informed Consent in the determination of their rights. We are mandated in the coordination of the Crown-First Nation consultation with respect to their collective rights and to assist in the consultation process, which is both a procedural and substantive right, and the subsequent negotiation of accommodation measures regarding the adverse effects of projects.
Any proponent, including Municipalities and Crown corporations are encouraged to engage us when they have actual or perceived knowledge of any proposed activity that potentially infringes upon the exercise of Inherent and Treaty Rights, Title and Interests of the First Nations in Treaty No.2 Territory.
The Duty to Consult includes Accommodation and Consent of all First Nations in Treaty 2 Territory no matter where the infringement is located.
Current Infringements and Trespassing;
Lake St Martin/Lake Manitoba Megaprojects
Province of Manitoba – https://www.gov.mb.ca/mit/wms/lmblsmoutlets/
Oil and Gas
Enbridge – Line 3 Construction – https://www.enbridge.com/projects-and-infrastructure/projects/line-3-replacement-program-canada