Aboriginal Consultation - Duty to Consult - Risk Assessment Tool

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Aboriginal Consultation - Duty to Consult - Risk Assessment Tool

  1. 1. ™ Duty to Consult Organization Organization Aboriginal Peoples Aboriginal P. Activity Consultation R Government I Media Government S Official K Official Consultation Direct Action Consultation Z Permit or Permit or Approval O Courts Approval N Operations E Operationswww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc.
  2. 2. ™ Risk, Consultation, and Accommodation Model HIGH 9 RISK 5 LOW 1 MERE FULL CONSULTATION and ACCOMMODATIONwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc.
  3. 3. ™ RISK ASSESSMENT: View of Consultation 1 2 3 4 5 6 7 8 9 1 A process of reconciliation 5 Administrative process that includes accommodation 9 An administrative approach to be followedwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2007 Indigenous Corporate Training Inc.
  4. 4. ™ RISK ASSESSMENT: Blockade 1 2 3 4 5 6 7 8 9 1 Blockades have never been an issue 5 The community has threatened to blockade 9 The community has blockaded in the pastwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2007 Indigenous Corporate Training Inc.
  5. 5. ™ Band Council Election 1 2 3 4 5 6 7 8 9 1 There is a band council election in 2 or more years 5 There is a band council election in 6 to 9 months 9 There is a band council election in 3 months or lesswww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  6. 6. ™ Decision Makers 1 2 3 4 5 6 7 8 91 Consult widely through elected council, hereditary chiefs, and community5 Try to reach broader community9 Only deal with the Chief and Council © 2012 Indigenous Indigenous Corporate Training Inc. © 2011 Corporate Training Inc.
  7. 7. ™ Negative Media Campaign 1 2 3 4 5 6 7 8 9 1 Community has never threatened a negative media campaign 5 Community has threatened a negative media campaign 9 Community has conducted a negative media campaignwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Indigenous Corporate Training Inc. © 2011 Corporate Training Inc.
  8. 8. ™ Legal Action 1 2 3 4 5 6 7 8 9 1 Community has never threatened legal action 5 Community, in the past, has threatened legal action 9 Community, in the past, has commenced legal actionwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Indigenous Corporate Training Inc. © 2011 Corporate Training Inc.
  9. 9. ™ Community Financial Resources 1 2 3 4 5 6 7 8 9 1 Smaller size membership with only Federal funding revenue 5 Moderate size membership relying on Federal and Provincial funding revenue 9 Large membership with a blend of Federal, Provincial and own source revenuewww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  10. 10. ™ Organization’s Approach to Consultation Policy 1 2 3 4 5 6 7 8 9 1 Timelines not an issue, community approves before permit sought, involved in your business and/or benefiting from your activities 5 Send letter, make follow up calls, and visits if appropriate. Address issues raised 9 Send letter wait 30 days, if no response proceed to permitwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  11. 11. ™ Organization’s Team 1 2 3 4 5 6 7 8 9 1 Team agrees to do what is necessary in terms of capacity building, job and business development, management, etc. to ensure support for project 5 Team believes Aboriginal Peoples should be treated equal but can accept other alternatives (out of the box) 9 Team believes that Aboriginal Peoples should be treated equal to all Canadianswww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  12. 12. ™ Organization’s Views 1 2 3 4 5 6 7 8 9 1 Company action meets or exceeds company policy, support down from senior executives throughout organization 5 Have an Aboriginal Relations policy, but shows little or no action to support it 9 No Aboriginal policy. Believes Aboriginal policy is a government issuewww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  13. 13. ™ Aboriginal Community Membership 1 2 3 4 5 6 7 8 9 1 Community members include lawyers, doctors, teachers, trades, etc. The community has friends in the global community and government with extensive business experience. You meet with all community members and little or no consultants 5 Members have some bench strength, less reliance on consultants 9 Members have little bench strength - no lawyers, accountants, big reliance on consultantswww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  14. 14. ™ Capacity Building 1 2 3 4 5 6 7 8 9 1 Resources are made available for legal analysis, studies, participation at meetings, hiring a community liaison person, etc 5 Some resources are made available for studies 9 No resources dedicated by the company for capacity buildingwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  15. 15. ™ Agenda Competition 1 2 3 4 5 6 7 8 9 1 Only 1 or 2 other organizations competing to get on agenda 5 Few other companies and agencies competing to get and stay on the community agenda 9 Many other companies and agencies competing to get and stay on the community agendawww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  16. 16. ™ Community Benefits from Project 1 2 3 4 5 6 7 8 9 1 Co-management and revenue/resource sharing 5 Business and workforce development 9 Little or no discussion of community benefitswww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  17. 17. ™ Return on Investment 1 2 3 4 5 6 7 8 9 1 Company understands that every dollar spent on working effectively with Aboriginal Peoples shows a positive return on investment 5 Company is starting to see that working effectively provides value but is not looking at it from a return on investment perspective 9 Company does not see a return on investment for working effectively with Aboriginal Peopleswww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  18. 18. ™ Blockade – Info. Checkpoint Negative Media HIGH - 9 Legal Action Financial Resources Approach to Consultation Policy Band Elections RISK Organization’s Views Bench Strength LOW – 1 MERE FULL CONSULTATION and ACCOMMODATIONwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.
  19. 19. ™ Blockade – Info. Checkpoint Negative Media HIGH - 9 Legal Action Financial Resources Approach to Consultation Policy Band Elections RISK Organization’s Views Bench Strength LOW – 1 MERE FULL CONSULTATION and ACCOMMODATIONwww.workingeffectivelywithaboriginalpeoples.com © 2012 Indigenous Corporate Training Inc. © 2011 Indigenous Corporate Training Inc.

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