Engagement: Consultation and Accommodation - Guidelines for Federal Officials to Fulfill the Duty to Consult

Engagement on guidelines for federal officials on consultation and accommodation

Current Status: Open

The engagement started in February 2024.

On this page

Why

Budget 2023 provided $11.4 million over 3 years, starting in 2023–2024, for Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) to engage with Indigenous groups to renew the Aboriginal Consultation and Accommodation - Updated Guidelines for Federal Officials to Fulfill the Duty to Consult - March 2011.

Renewing the guidelines is essential to support federal officials in meaningfully meeting the duty to consult by providing more clarity on how the government will proceed to ensure an effective and efficient whole-of-government approach to consultation and accommodation. The new guidelines will serve to:

The duty to consult is an important part of the federal government's activities, including for:

Departments and agencies are responsible for understanding how and when their activities could have an adverse impact on Section 35 rights.

The Duty to Consult

In 2004, through the Haida and Taku River decision, followed by the Mikisew Cree decision in 2005, the Supreme Court of Canada established that the Crown is obligated to consult and, if necessary, accommodate when considering actions that could potentially affect established or potential Aboriginal or Treaty rights. The duty stems from the Honour of the Crown and is derived from Section 35 of Canada's Constitution Act, 1982, which recognizes and affirms Aboriginal and treaty rights. The Court interpreted that this obligation is linked with the Crown's distinct relationship with Indigenous Peoples.

Consultation and Accommodation Guidelines

The Aboriginal Consultation and Accommodation - Updated Guidelines for Federal Officials to Fulfill the Duty to Consult - March 2011 outline the overarching approach to consultation and accommodation for the Government of Canada.

"Crown conduct" refers to actions by the provincial, territorial and federal governments. The Government of Canada has responsibility for its actions undertaken, either directly or by a third party through issuing an authorization, permit or financing for enabling an activity. Consultation must occur prior to a decision and implementation of a project or activity.

What does meaningful engagement mean?

The Government of Canada is committed to renewing the relationship with Indigenous Peoples, based on recognition of rights, respect, co-operation and partnership. Consultation and engagement activities are a reflection of the government's commitment to a whole-of-government approach to Nation-to-Nation and Inuit-to-Crown relationships and therefore, the participation of Indigenous Peoples in the renewal of the guidelines is crucial to this exercise.

The Consultation and Accommodation Unit of CIRNAC, has partnered with Naut'sa mawt Resource Group to host the engagement sessions with Indigenous Peoples across the country. Naut'sa mawt Resource Group is an Indigenous-owned firm that provides engagement and facilitation services to promote meaningful inclusion of Indigenous voices.

Who

The regional engagement sessions are targeting consultation experts from:

What

The purpose of the engagement is to have discussions with Indigenous Peoples and learn about their perspectives and experiences with federal consultation processes and how new guidelines could better ensure that consultation processes are meaningful and adequate, with a focus on improving Crown-Indigenous relationships.

Process flow

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  1. Preliminary Discussions: Fall 2023 to Winter 2024
  2. Guidelines Discussions - Phase 1: Winter 2024 to Fall 2024
  3. Guidelines Development: Summer 2024 to Winter 2025
  4. Guidelines Discussions - Phase 2: Winter 2025 to Fall 2025
  5. Finalization and Publication: In 2026

Preliminary engagement

Preliminary engagement with Indigenous partners took place virtually from August 2023 to January 2024. This preliminary engagement focused on discussing the initiative, the approach to engagement, and provided the opportunity to learn about partners preferred means for participation in this engagement process.

Engagement

Regional engagement will occur in two phases beginning in 2024 and continuing throughout 2025.

Phase 1

The Consultation and Accommodation Unit will be hosting engagement sessions, from February 2024 until September 2024, to capture Indigenous perspectives of experiences in consultation and accommodation processes. The learning from the first phase of engagement in 2024 will inform the drafting of new consultation and accommodation guidelines content that will be done in collaboration with Indigenous partners. A virtual session will take place in fall 2024 for people who did not have the opportunity to attend in-person sessions. If you would like to participate, please contact indigenous.consultations.autochtones@rcaanc-cirnac.gc.ca.

Phase 2

The second phase of regional engagements will aim to present the draft content of new guidelines. It will allow participants to provide feedback on the draft content before it is finalized and will ensure that Indigenous People's perspectives are well captured in the newly developed content. This phase of engagement will take place between February to November 2025.

What we learned report

It is anticipated that 2 public "What We Learned Reports" will be developed. An interim report that captures Phase 1 in fall of 2024 and a final report capturing all engagement, will be developed after the completion of Phase 2 engagement.

What we learned to date

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  • Improve cultural competency
  • Support meaningful participation
  • Level power imbalance
  • Ensure flexible and adaptable processes
  • Initiate early and transparent dialogue
  • Consider and address cumulative effects
  • Prioritize respect and understanding
  • Consider role of federal government in advocacy for rights
  • Explore accountability and monitoring mechanisms

Publication

Publication of the renewed guidelines is anticipated in 2026.

How to participate

You can participate in 4 ways:

  1. Attend a regional engagement session in your respective region (some by invitation only).
  2. Attend an online engagement session.
  3. Written submission via email.
  4. Written submission via mail.

If you would like to participate, please contact indigenous.consultations.autochtones@rcaanc-cirnac.gc.ca.

Your written submissions can also be sent via the same email address.

When and where

Phase 1 – 2024
Date Location
February 27 and 28, 2024 Whitehorse, Yukon
March 12 and 13, 2024 Edmonton, Alberta
March 19, 20 and 21, 2024 Vancouver, British Columbia
April 10, 2024 Saskatoon, Saskatchewan
April 16, 2024 Winnipeg, Manitoba
April 30 and May 1, 2024 Québec, Québec
May 14 and 15, 2024 Halifax, Nova Scotia
June 4, 5 and 6, 2024 Yellowknife, Northwest Territories
September 12, 2024 Lands and Resources Management Boards – Online session
September 17, 2024 Toronto, Ontario
September 24, 2024 National – Online session
Phase 2 – 2025
Date Location
February 2025 to November 2025 Dates to be confirmed

Contact us

Crown-Indigenous Relations and Northern Affairs Canada
Consultation and Accommodation Unit
25 Eddy Street
Gatineau, Québec  K1A 0H4
Email: indigenous.consultations.autochtones@rcaanc-cirnac.gc.ca

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