Minister says the revisions emphasize relationship building, address timelines
CBC News: The Saskatchewan government released a revised First Nation and Métis consultation policy framework on Friday.
It’s the first time changes have been made to the Consultation Policy Framework (CPF) in 13 years — and some Indigenous leaders say the changes don’t go far enough. “They’re doing the same thing again and again and expecting different results,” said New Democratic Party MLA Betty Nippi-Albright, who is the opposition critic for First Nations and Métis relations.
She said the revised policy is driven by the government and not the community. “They decide when and if consultation is required. That is what this brand new, revised, updated, refreshed document states: that at the end of the day, it’s the government that decides,” she said.
On Friday, Don McMorris, the minister responsible for First Nations, Métis and Northern Affairs, said the new framework is aimed at improving consultation with First Nations and Métis communities. “The update includes an emphasis on relationship building and the important role of proponents in the consultation process,” McMorris said.
The CPF sets out the government’s commitment to fulfilling its legal duty to consult and accommodate First Nation and Métis communities in advance of decisions or actions that have the potential to adversely impact the exercise of:
- Aboriginal and Treaty rights such as the right to hunt, fish and trap for food on unoccupied Crown land and other land to which a community has a right-of-access for these purposes.
- Traditional uses of land and resources such as the gathering of plants for food and medicinal purposes and carrying out ceremonial and spiritual observances and practices on unoccupied Crown land and other land to which a community has a right of access for these purposes.
Revisions target timelines
The most significant changes to the framework target consultation timelines and consistency with pre-consultation assessments, McMorris said. When a government action or decision triggers the duty to consult, officials consult with First Nation and Métis communities. But prior to that consultation, officials use an assessment tool to determine the level of consultation that is required.
The tool was updated to improve clarity. Government officials will now have six calendar days to begin consultation once they receive a completed application from a proponent. Previously that process could have taken weeks. The new framework also gives Indigenous leaders and councils up to 30 days to meet, review and respond to consultation notification letters.
Under the old framework, they were given one to three months.The policy revisions come into effect in January 2024. The government said it will take time to implement the changes and consider other concerns. That’s why, effective immediately, Saskatchewan has put a two-year pause on all Ministry of Agriculture Crown land auction sales and lease auctions. During this time, First Nation communities can continue to buy agricultural Crown land under their treaty land entitlements and specific claims agreements.
FSIN criticizes consultation on revisions
McMorris said the revisions to the framework were informed by consultation with First Nation and Métis communities and industry associations. But the Federation of Sovereign Indigenous Nations (FSIN), an organization representing 74 First Nations in Saskatchewan, is calling the update uninformed. “
[The government] continues to make bad policy and legislation and implement programs that exclude our people. When a Nation challenges the province in court, the province will file motion after motion, delaying the court proceedings and increasing legal costs for our Nations,” said FSIN Chief Bobby Cameron in a written statement.
“This is why our Nations don’t want to contribute to revising the province’s already deeply flawed consultation policy. We reject their Consultation Policy Framework.”
According to the province, it held 35 engagement sessions involving 22 First Nations, three Tribal Councils, 37 Métis locals, seven Métis-Nation Saskatchewan (MN-S) regional offices, four Indigenous organizations, 39 companies as well as industry associations and municipal organizations.
The engagement with the First Nations and Métis leaders happened in the summer and fall of 2022. However, as of December 2022, only 31 per cent of First Nations and 38 per cent of Métis locals had participated in engagement sessions for the policy change.
McMorris said they extended the deadline twice to allow for more participation. However, he noted similar concerns and issues came up among the groups who did participate. “There were very common themes and so we could have had 50 per cent and I think those same themes would have just been reinforced,” he said.
The FSIN called the process “disturbing.””The lack of consultation with First Nations will only bring uncertainty to this province, particularly as it relates to our Treaty and traditional territories and any development that is proposed to occur on it,” Vice Chief Heather Bear said in a written statement.
ABOUT THE AUTHOR
Shlok Talati, Journalist
Based in Toronto, Shlok Talati is a 2023 CBC News Donaldson Scholar with experience in radio and digital. He holds a master of journalism from the University of King’s College, Halifax. You can reach him at shlok.talati@cbc.ca