Strengthening Partnerships: Consultation Protocols

Author: Aboriginal Affairs and Northern Development Canada
Date: 2014

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What is a consultation protocol?

Consultation protocols create a process for Aboriginal groups and governments to follow when addressing the constitutional duty to consult on impacts to Section 35 rights under the Constitution Act. They may also be used to facilitate engagement on other matters of interest and concern to communities. Protocols promote relationship building and clarify the roles and responsibilities between governments and Aboriginal communities for future consultation.

There are a number of consultation protocols already in place with Aboriginal groups across Canada.

How can protocols benefit Aboriginal communities?

What can be achieved through a consultation protocol?

Consultation protocols can:

Protocols respect community members' individual rights. Furthermore, the use of the protocol is optional on any particular consultation.

What are the criteria for negotiating protocols?

Canada seeks to negotiate protocols primarily where:

Canada may also seek to negotiate protocols in order to advance other broader government objectives, such as reconciliation.

For information on how to negotiate a protocol, contact cau-uca@aadnc-aandc.gc.ca. Visit the Aboriginal and Treaty Rights Information System (ATRIS) for the location of Aboriginal communities and publically available information pertaining to their potential or established Aboriginal or Treaty rights.

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