Alberta First Nations Consultation Options and Recommendations June 4, 2007

Background, The Issue will not Disappear Based upon Section 35 (1982 Constitution) –(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed What are these Rights? –Treaty and Aboriginal Rights –Historical/cultural practices Examples include hunting, trapping, fishing Continued evolution and clarification as determined by Courts, including: –The Crown must consult –The Crown may delegate “procedural aspects” of consultation

Context: Alberta’s Process Lack of Clarity in Guidelines has resulted in Key Issues and Challenges –Learning curve and lack of tools is a challenge for Government field staff –A variety of consultation processes are being adopted by different First Nations –Limited capacity of all parties –Increasing timelines for the regulatory process –Duplicative Government process (eg. Departments and AEUB) –Emerging/increasing First Nation consultation fees Increased Costs and Uncertainty for Industry

CAPP Strategy – Develop Recommendations Key Framing Concepts for Recommendations –Identification of short term, achievable objectives within long-term framework –Solutions on all challenges must be advanced together –A preference for collaborative three-party processes and resolutions

Simplified Flow Chart Consultation process seen as economic vehicle Each community has different approach No Formal Process with First Nation communities

CAPP Proposed Consultation Process