Consultation

The Office of Aboriginal Affairs coordinates the Province of Nova Scotia's consultation with the Mi'kmaq of Nova Scotia.

The documents below - the Consultation Terms of Reference, the Province's Interim Consultation Policy, and a Proponents' Guide to Engagement with the Mi'kmaq of Nova Scotia - reflect the Government of Nova Scotia's commitment to a coordinated, meaningful consultation process with the Mi'kmaq of Nova Scotia. From a legal perspective, a number of court cases (for example: Haida Nation v. BC, Taku River Tlingit v. BC) have found that governments have a duty to consult with Aboriginal peoples when proposed activities have the potential to adversely impact Aboriginal rights, including title, and treaty rights.

In June 2007, the Province released an Interim Consultation Policy for consulting with Aboriginal peoples. The policy was developed by government and is an interim step, with a more permanent and comprehensive policy to follow. This interim policy is consistent with the Consultation Terms of Reference (below) and does not apply to discussions on issues where claimed treaty, title and aboriginal rights are not an issue.

On August 31, 2010 after a three-year pilot period, the thirteen Mi'kmaq communities through the Assembly of Nova Scotia Mi'kmaq Chiefs signed a historic agreement with the Governments of Canada and Nova Scotia. The Mi'kmaq-Nova Scotia-Canada Consultation Terms of Reference lays out a consultation process for the parties to follow when governments are making decisions that have the potential to adversely impact asserted Mi'kmaq Aboriginal and Treaty rights. The Terms of Reference was developed under the 2002 Umbrella Agreement.

In June 2009, the Province released a Proponents' Guide: Engagement with the Mi'kmaq of Nova Scotia. The Guide outlines how proponents can fulfill the important role they have to play in consultation with the Mi'kmaq of Nova Scotia. Although the courts have found that third parties have no legal duty to consult, governments delegate procedural aspects of consultation to third parties. The guide outlines those procedural aspects.

Nova Scotia Interim Consultation Policy

Terms of Reference for a Mi'kmaq-Nova Scotia-Canada Consultation Process

Proponents' Guide: The Role of Proponents in Crown Consultation with the Mi'kmaq of Nova Scotia

Public Service Training:
Consulting with Aboriginal Peoples in NS

The Office of Aboriginal Affairs offers two, two-day training sessions on "Consulting with Aboriginal Peoples in Nova Scotia" every year. To date, more than 300 provincial employees have received training; and the Province is currently exploring joint training with the federal government.

For questions about consultation with the Mi'kmaq of Nova Scotia, please contact:

Alvaro Loyola
Director of Consultation
Office of Aboriginal Affairs
Tel: (902) 424-4214