The Duty to be Consulted

The Supreme Court of Canada decision on “The Duty to Consult” (DTC) has been one of the key government directives to address the rights and interests of any Indigenous community/nation who may be impacted by development, natural resource extraction, EAs and related management decision-making.  The DTC and its processes are based on guidelines and legal requirements derived from Western Science Knowledge Systems (WSKS), with little consideration for Indigenous Knowledge Systems (IKS).  This process often concludes with Indigenous communities/nations unsatisfied, as many potential impacts, and potential opportunities, are left unaddressed. In order to engage in meaningful consultation, Indigenous communities/nations need to embrace their responsibility in the process and transform the “Duty to Consult” into the “Duty to Be Consulted” (DTBC). The question each community/nation needs to answer is, “how do we lead the consultation process in a way that is meaningful to us, represents our values and our IKS?”  The key tools that can be used by Indigenous communities/nations to address this question and lead in the DTBC on natural resource/EA and management issues, will be discussed, including: a) Traditional Knowledge and Land Use/Occupancy Studies, b) Guiding Principles, c) Consultation Departments and d) Technical Review Boards.