LAND RIGHTS AND INTERESTS – CONSULTATION AND ACCOMMODATION
Background: Resolution 05/45 – Protocol for Consultation and Accommodation directed the Chiefs of Ontario to work on a draft consultation and accommodation protocol based on the decisions of the Supreme Court of Canada, Haida and Taku River in consultation with the First Nation PTO’s, Grand Councils, and the Independent First Nations. Resolution 06/44 – Protocol for Consultation and Accommodation –Phase II created the Consultation and Accommodation Technical-Legal Committee to undertake the development of the protocol in accordance with a work plan, coordinated by the Chiefs of Ontario.
By the time of the 34th All Ontario Chiefs Conference in June, 2008, the Committee had fulfilled the mandate reflected in Resolution 05/45. A toolkit on Consultation and Accommodation has been completed and has been provided to all First Nations leadership. The intent of the toolkit is to assist leadership and communities develop and assert “community specific” consultation and accommodation protocols.
At this time, the Task Force is developing a work plan that will update the toolkit on Consultation and Accommodation. Also, the Task Force will be outlining new work necessary in the area of Free, Prior and Informed Consent for consideration by the Chiefs in Assembly. This will likely require a new mandate.