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TORONTO (miningweekly.com) – Former Premier of Ontario and chief negotiator for the Matawa First Nations Bob Rae told delegates at the Prospectors and Developers Association of Canada conference that greater efforts are needed to embed the practice of consultation and accommodation between the mining sector and Canada’s First Nations communities.
Equally, the First Nations must be able to provide answers when a company approaches to consult. “[The] First Nations have to ask themselves: ‘what shall we say when we‘re asked our opinion? What do we say when we’re consulted?’” Rae said on Tuesday. “It’s not easy, but it is essential.”
Rae acknowledged that the duty to consult and engage still has many imprecisions, often because the foundations of best practice continue to be solidified, frequently through the court system. “People say: ‘what does it mean that there’s a duty to accommodate and consult? How why does it [work]?’ … As frustrating as that is, these issues are still going to be litigated. It’s still a contested area of the law,” he said.
Fitting into this, both federal and provincial governments should work towards strengthening and streamlining the framework that facilitates accommodation.