In 2011, the Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult were released to federal officials and provide clearer direction on the government-wide responsibility of departments and agencies to fulfill the duty to consult.
The 2011 version of the guidelines, an extended version of the 2008 Interim Guidelines, further clarifies the roles, responsibilities and best practices for fulfilling the Crown’s duty to consult. These guidelines focus on the increased need for policy leadership, coordination and collaboration, federal accountability, strengthening partnerships and strategic and practical guidance, training and support.
Since the release of the guidelines, thousands of copies have been distributed to federal, provincial and territorial government departments, industry representatives, Aboriginal groups and organizations.
The guidelines will evolve over time based on research and analysis on court decisions, lessons learned and best practices.
As part of this ongoing process, departments and agencies are encouraged to review their Aboriginal consultation and accommodation approaches on a regular basis to ensure that they are consistent with the guidelines and with evolving legal and policy developments.