Consultation and Accommodation

Canadian governments are constitutionally required to consult First Nations about decisions which may negatively impact aboriginal and treaty rights. In the face of increasing development within the traditional territories of aboriginal communities and an ever-changing legal landscape, raising concerns about adverse impacts and seeking accommodation effectively can be challenging.

We provide strategic advice and representation relating to all aspects of the Crown’s duty to consult and accommodate, from assisting First Nations to develop their own consultation process and consultation capacity to helping communities respond to referrals for projects in their traditional territories and engage the Crown when it proposes to change policy and legislation that may affect First Nations. We also assist First Nations to negotiate impact benefit agreements with proponents and to challenge decisions made by government without adequate consultation.

Some of the areas where we have experience providing consultation and accommodation advice across Canada include;

  • forestry;
  • oil & gas;
  • pipelines, both provincially and federally regulated;
  • mining;
  • power projects, including hydro-electric projects and transmission lines;
  • marine shipping;
  • aquaculture;
  • resort development;
  • municipal plans;
  • land use plans; and
  • provincial and federal policies and legislation.

Through innovative legal representation, our clients have been successful in influencing development and obtaining important accommodations that allow them to protect their aboriginal and treaty rights.

 Learn more from Bob Freedman