Consultation

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

The documents below – the Consultation Terms of Reference, and the Province’s new 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.  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 its 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. 

Also in June 2007, the Province of Nova Scotia, the Mi’kmaq of Nova Scotia and the Government of Canada agreed to pilot a Consultation Terms of Reference.  The terms of reference was developed under the 2002 Umbrella_Agreement (pdf) and is intended to address the nature of and the process regarding the requirement of governments to consult with the Mi’kmaq of Nova Scotia.

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 consultaion with the Mi'kmaq.  Although the courts have found that third parties have no legal duty to consult, governments may delegate procedural aspects of consultation to third parties.  

Nova Scotia Interim Consultation Policy (pdf)

Terms of Reference for a Mi’kmaq-Nova Scotia-Canada Consultation Process (pdf)
 
Proponents' Guide: Engagement with the Mi'kmaq of Nova Scotia (pdf)


 

Public Service Training:
Consulting with Aboriginal Peoples in NS

During March 2008, the Office of Aboriginal Affairs organized two training sessions on "Consulting with Aboriginal Peoples in Nova Scotia" for provincial government employees.

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

Jay Hartling
Provincial Strategist, Provincial Consultation
Office of Aboriginal Affairs
Tel: (902) 424-4214