Some definitions are useful to set the context for the Guide.
Concerns are often expressed about the different meanings of “Consultation”, “consultation”, and “engagement”. When Consultation is capitalized it refers to the federal and territorial “Crown duty to Consult” which is being defined by the Courts. Although the federal and territorial governments (those who have the responsibility to uphold the Crown Consultation requirements) can delegate some procedural aspects of that duty, they are ultimately responsible for meeting that obligation to safeguard Indigenous rights. As noted earlier, it is advisable to seek legal advice in this area.
The Guide will also address “engagement” and “consultation”.
“Engagement” is about the establishment of relationships where the parties build an understanding of the other’s interests. Engagement continues before and after the signing of any agreements. It is the ongoing commitment and dedication to a conversation among the principals or their delegates to ensure understandings are being fulfilled and people are staying connected. By engaging on an ongoing basis, the parties can adapt to changes that inevitably occur in the environment or the exploration program.
Industry “consultation” is more about developing products such as a Memorandum of Understanding, a Letter of Agreement, or an Exploration Agreement (there are various titles for these). Industry consultation produces agreements that ultimately lay the groundwork for the ongoing relationship.
“Early engagement” is a term found in this Guide. As you will see from the Best Practices, earlier is better. Early and open engagement supports First Nations’ capacity to engage fully in any stage of exploration. It is better to open the dialogue to ensure “no surprises” at a later point.
“Modern treaties” are the same as comprehensive land claims agreements. There are eleven in place in Yukon and both the Inuvialuit and the Gwich’in Tribal Council have Modern treaties that relate to their land and resources interests in Yukon.
This Guide provides information on all fourteen Yukon First Nations as well as three outside indigenous groups with interests in Yukon. Whether working in Traditional Territories of Modern treaty First Nations, or non-treaty traditional areas where no formal treaties are in place, relationships are critical to the advancement of exploration projects and this Guide is your resource to navigate the path for engagement and consultation.
The Guide provides a comprehensive collection and integration of information that otherwise is difficult to find in one place. The Guide provides a comprehensive information base across all Traditional Territories in Yukon with a summary of Engagement and Consultation Best Practices that are designed to encourage mutually beneficial partnerships.