Consultation Guidebook

Transcription

Metis Nation British Columbia
Consultation Guidebook
Managed by the BC Métis Assembly of Natural Resources
These Guidelines and Métis Traditional Knowledge Policy have been produced under the
authority of Article 11 of the Métis Nation British Columbia’s Natural Resource Act.
The front cover is a picture of the remains of a Métis homestead on top of the Coquihalla Highway where elder Lottie Kozak (nee MacDougall) was raised as a child.
Métis Nation British Columbia
Consultation Guidelines
Approved by MNBC Board of Directors
February 25, 2009 at 18:56pm
March 2009 Version 1.0
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Table of Contents
Table of Contents..................................................................................................................................................... 2
Legal Background.................................................................................................................................................... 3
1.0 Introduction........................................................................................................................................................ 3
1.1 Statement and Purpose................................................................................................................................... 3
1.1.1 Guideline Statement................................................................................................................................. 3
1.1.2 Purpose of these Consultation Guidelines............................................................................................... 3
2.0 Consultation Guidelines..................................................................................................................................... 3
2.1 Principles........................................................................................................................................................ 4
2.1.1 Consultation............................................................................................................................................. 4
2.1.2 Guideline.................................................................................................................................................. 4
2.2 Responsibilities.............................................................................................................................................. 4
2.2.1 MNBC Ministry of Natural Resources.................................................................................................... 5
2.2.2 Industry.................................................................................................................................................... 5
2.2.3 Métis Chartered Communities................................................................................................................. 5
2.3 Consultation Types......................................................................................................................................... 5
2.3.1 General..................................................................................................................................................... 5
2.3.2 Project-Specific........................................................................................................................................ 5
3.0 The Consultation Process................................................................................................................................... 6
3.1 Trigger and Evaluation................................................................................................................................... 6
3.1.1 MNBC Engagement.................................................................................................................................. 6
3.1.2 Métis Consultation Project Team.............................................................................................................. 6
3.2 Assessment and Notification.......................................................................................................................... 6
3.3 Consultation Requirements............................................................................................................................ 7
3.4 Reporting........................................................................................................................................................ 7
3.5 Adequacy Review.......................................................................................................................................... 7
3.5.1 Performance Indicators............................................................................................................................. 7
3.6 Finalization and Monitoring.......................................................................................................................... 8
3.6.1 Approval.................................................................................................................................................... 8
3.6.1.1 MNBC Board of Directors.................................................................................................................. 8
3.6.1.2 Regional Governance Councils........................................................................................................... 8
3.6.1.3 Métis Chartered Community............................................................................................................... 8
3.6.1.4 Métis Nation Governing Assembly..................................................................................................... 8
3.6.1.5 MNBC Annual General Meeting........................................................................................................ 8
3.6.2 Monitoring.................................................................................................................................................. 8
4.0 Enactment.......................................................................................................................................................... 8
ANNEX 1 - Flow Chart for MNBC Consultation Process...................................................................................... 9
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the concerns raised. To do so, it is necessary
that the Crown be prepared to respond,
have some degree of flexibility in relation
to the planning and implementation of the
proposed activity, and consider potential accommodation measures
that may be appropriate in a given context.
Legal Background
The Government of Canada in the “Aboriginal Consultation and
Accommodation - Interim Guidelines for Federal Officials to
Fulfill the Legal Duty to Consult” states:
The common law duty to consult is based on judicial interpretation
of the obligations of the Crown in the context of existing Aboriginal
and treaty rights of the Aboriginal peoples of Canada, recognized
and affirmed in section 35 of the Constitution Act, 1982. In the
Haida and Taku River decisions, the Supreme Court of Canada
(SCC) held that the Crown has a legal duty to consult and, if
appropriate, accommodate, when the Crown contemplates conduct
that might adversely impact section 35 rights (established or
potential). This duty has been applied to an array of Crown actions
and in relation to a variety of potential or established Aboriginal
and treaty rights.
The federal guideline further state: When developing and
implementing processes for consultation and accommodation, the
Crown will be guided by a series of principles that have emerged
both from the case law and consultation practice by government
over the years.
The following legal principles apply in all contexts in which
consultation obligations may arise. They outline the basis for this
obligation and the objectives that the Court has sought to promote
through this common law duty.
Honour of the Crown – The honour of the Crown is at
stake in all dealings between the Crown and Aboriginal peoples.
The duty to consult and accommodate, where appropriate, stems
from the Crown’s unique relationship with Aboriginal peoples and
must be discharged in a manner that promotes reconciliation of
Aboriginal and non-Aboriginal rights and interests.
Reconciliation – The duty to consult and where
appropriate, accommodate is part of a process of fair dealing
and reconciliation that begins with the assertion of sovereignty by
the Crown and continues beyond formal claims resolution through
to the application and implementation of treaties. Crown efforts to
consult with, and accommodate the interests of Aboriginal groups
whose rights may be adversely affected, should be consistent
with the overarching objective of reconciliation with Aboriginal
groups.
Reasonableness – Crown efforts to reconcile and balance
other societal interests and established or potential Aboriginal and
treaty rights must be reasonable. Consultation processes need to
reflect reasonable and genuine efforts by all parties.
Meaningful Consultation – The duty to consult requires
a genuine effort to address legitimate concerns and interests that
relate to the impacts of contemplated Crown conduct on section 35
rights. To be meaningful, there must be a genuine willingness and
ability to adjust the contemplated conduct, if such is appropriate.
Good Faith – Consultation must be guided by genuine
efforts. Such efforts require the disclosure of relevant factors and
information, no predetermined outcome, no oblique motive, and
the absence of any appearance of any sharp dealing.
Responsiveness – Consultation is intended to respond
to Aboriginal rights and interests, to minimize the potential
adverse affects of a given activity, and to substantively address
1.0 Introduction
Métis Nation British Columbia’s (MNBC) Consultation Guidelines
(the Guidelines) provide a practical and efficient Métis consultation
process. The Guidelines will provide an effective procedure for
minimizing impacts on Métis rights and traditional land-uses
during consultation. The objective of the Guidelines is to produce
better communication, stronger relationships and a Métis specific
approach for government, industry and MNBC relations. The
development of the Consultations Guidelines is ongoing. MNBC
will use an annual quality assurance assessment to monitor the
Guidelines and make adjustments as necessary.
The Métis Nation British Columbia (MNBC) desires a practical
consultation process that avoids or minimizes impacts on Métis
rights and traditional land-uses and creates greater certainty.
MNBC’s objective is to build a Métis specific approach that seeks
to improve working relationships throughout the province.
MNBC’s consultation process is intended to produce better
communication, stronger relationships and easier resolution of
issues between government, industry and MNBC. The Guidelines
will provide an effective procedure for minimizing impacts on
Métis rights and traditional land-uses during consultations.
1.1 Statement and Purpose
1.1.1 Guideline Statement
MNBC will advocate for consultation with government and
industry where actions and activities on provincial and federal
crown lands (or towards crown resources) have the potential to
infringe on Métis rights and traditional land-uses.
1.1.2 Purpose of these Consultation Guidelines
The purpose of these Guidelines is to identify a consistent
approach to consultation to be applied by MNBC and its relevant
ministries. The Guidelines are intended to define MNBC’s role in
the consultation process and to set out MNBC’s expectations of
government and industry.
MNBC’s Consultation Guidelines address the manner in which
MNBC will advocate and conduct consultation on behalf of the
Métis of British Columbia.
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2.0 Consultation Guidelines
MNBC’s Consultation Guidelines address specific questions about
how consultation for land management and resource development
should occur in relation to activities such a exploration, resource
extraction, and management of forests, fish and wildlife.
MNBC will monitor the implementation of the Guidelines. On
an annual basis the Ministry of Natural Resources will assess the
effectiveness of the Guidelines and determine whether changes
are required. The Métis Nation governing assembly will review
the Guidelines every four years after
implementation (2009). MNBC encourages
the development of best practices
throughout the process and will continue to
rely on input from Chartered Métis Communities, government and
industry.
MNBC recognizes that many government agencies/departments
and project proponents have longstanding and established
relationships that are mutually satisfactory. MNBC intends to
foster these existing relationships and to build new ones based on
accountability and transparency of approach.
2.
3.
4.
2.1 Principles
2.1.1 Consultation
MNBC believes that the following principles will result in
meaningful consultation by bringing the appropriate parties
together in a timely way. With this set of Guidelines, MNBC
intends to provide a meaningful process in which Métis, industry
and government listen openly to each other before resource
development and land management decisions are made.
5.
6.
i
Will require the proponent to engage with MNBC to
ensure the precise impacts and practical avoidance,
mitigation, or accommodation strategies are
identified.
ii Will identify what information is to be provided
to MNBC, when that information should be
provided, that the information be as clear and
practical as possible, and that sufficient time is
allocated for review and response. MNBC will
be asked to identify any potential for impact on
sites or areas that are important to the exercise of
Métis rights and traditional land-uses and make
suggestions on how these might be avoided,
mitigated or accommodated.
iii The MNBC Ministry of Natural Resources will
provide access to the technical staff and the
British Columbia Métis Assembly of Natural
Resources for advice and approval on the
adequacy of consultations planned or undertaken
and of proposed avoidance, mitigation or
accommodation strategies.
7. MNBC will provide a mechanism for the relevant
decision making institutions of governance, as per section
3.4 of these Guidelines, to advise both government and
industry of their decision of support or denial for the
consultation and the reasons for the support or denial.
1. Consultation must be conducted in good faith.
2. MNBC is responsible for managing the consultation
process internally.
3. Where land management and resource development
may infringe Métis rights and traditional land-uses,
consultation will occur before decisions are made,
4. While each has very different roles, the consultation process requires the participation of MNBC, the
project proponent and government.
5. MNBC’s consultation practices will be coordinated
across all MNBC ministries and governance institutions.
6. Parties are expected to provide relevant information,
allowing adequate time for the other parties to review it.
7. The nature of the consultation will depend on such
factors as the extent of potential infringement on the
Métis Chartered Communities affected, and the nature of the activities involved.
8. Consultation should be conducted with the objective
of avoiding infringement of Métis rights and traditional land-uses. Where avoidance is not possible,
consultation will be conducted with the goal of mitigating such infringement.
9. Consultation will occur within applicable and reasonable timelines.
2.2 Responsibilities
2.1.2 Guideline
The MNBC Consultation Guidelines will be consistent with the
following principles:
1.
and evaluation process and adopt an incremental
approach in the development of Guidelines.
Guidelines are intended as a means to support a
process of consultation and an overarching objective of
reconciliation rather than confrontation.
The MNBC Ministry of Natural Resources will proceed
with important initiatives such as traditional land-use
studies and the meaningful involvement of the Métis
Chartered Communities in land and resource planning.
These tools will identify, avoid or mitigate potential
impacts on Métis rights and traditional land-uses.
Project-specific consultations related to resource
development will reflect the differing needs of different
proponents.
The MNBC Ministry of Natural Resources will
attempt to identify adequate requirements for projectspecific consultation. MNBC will also encourage the
development of best practices.
Where the MNBC Ministry of Natural Resources
require project-specific consultation, the Guidelines:
Guidelines will need to evolve as experience by the
MNBC Ministry of Natural Resources grows and as
the law related to consultation evolves. As such, the
Guidelines should incorporate a transparent monitoring
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2.2.1 MNBC Ministry of Natural Resources
The MNBC Ministry of Natural Resources acknowledges it has
a duty to advocate for consultation with government and industry
where legislation, regulations or other actions may infringe Métis
rights and traditional land-uses. The MNBC Ministry of Natural
Resources will advocate and manage, where applicable, the
consultation process and, where necessary consult directly with
the Métis Chartered Communities where land management and
resource development on provincial or federal crown land may
infringe Métis rights and traditional land-uses. Consultation about
land management and resource development will occur in two
ways: through general consultation and relationship building, and
through project-specific consultation.
development activities.
3. When raising concerns to the Métis
Consultation Project Team about
proposed developments, provide
alternate solutions or approaches for resolving particular
issues in cooperation with the government and the
project proponent.
4. Initiate sessions with the Métis Consultation Project
Team to increase awareness of that Métis Chartered
Communities rights and traditional land-uses.
5. Share traditional land-use information with the
Métis Consultation Project Team to inform the land
management and resource development review and
decision-making process.
2.2.2 Industry
MNBC expects industry to engage in consultation based on respect,
open communication and co-operation. Those who propose natural
resource developments are expected to consult with and consider
the views of Métis who could be affected by their developments.
Industry should incorporate traditional land-use data when
planning their operations. MNBC expects the project proponent
to avoid or mitigate infringement of Métis rights and traditional
land-uses. MNBC’s expectations of the project proponent are as
follows:
2.3 Consultation Types
2.3.1 General
In general consultation and relationship building the MNBC
Ministry of Natural Resources will pursue a broad range of practices
that are not related to any specific development proposal but are
intended to build relationships, to increase the flow of information
between Métis, industry and government, and to avoid or mitigate
impacts on Métis rights and traditional land-uses. These activities
could change over time, depending on the circumstances of the
communities or regions involved. These activities will introduce
multi-party discussions into everyday work and lead to more
effective working relationships and partnerships. For example, the
MNBC Ministry of Natural Resources will:
1. Provide early notification to the MNBC Ministry of
Natural Resources and to the affected Métis Chartered
Communities before development is authorized to
proceed, to ensure they are reasonably informed about
the project proponent’s proposed activities. Information
should include short-term and long-range plans in the
area.
2. Participate in the Métis Consultation Project Team if
such a Team is formed by the MNBC Ministry of Natural
Resources to address the consultation.
3. Record and address issues or concerns identified by MNBC and identify how infringements were avoided or
mitigated.
4. Upon request, make available to MNBC its documentation
and other information related to consultation.
5. Consider the circumstances of the project and avoid
infringement of Métis rights and traditional land-uses.
Where avoidance is not possible, the project proponent
is expected to make reasonable efforts to mitigate the
infringement.
6. Enter into dialogue with MNBC regarding opportunities
specific to an individual project toward achievement of
a positive, sustainable outcome.
1. Welcome the opportunity to attend information-sharing
sessions initiated by the government or industry to learn
from their experiences related to resource development.
2. Work with the Métis Chartered Communities to identify
traditional land-uses that may be affected by land
management and resource development, advocate funds
to develop a provincial traditional land-use database, and
ensure that the information collected is used in project
planning. Traditional land-use information will be used
in accordance with data sharing agreements between
MNBC, government and/or industry.
3. Work with the Métis Chartered Communities, government
and industry to identify practical arrangements on how
to implement these Consultation Guidelines.
2.2.3 Métis Chartered Communities
The MNBC Ministry of Natural Resources expects the Métis
Chartered Communities to indicate clearly whether they wish to
be consulted on a project. If so, they are expected to communicate
openly and to work with industry and the MNBC Ministry of
Natural Resources in good faith to identify Métis rights and
traditional land-uses and work co-operatively toward resolution.
The expectations of the Métis Chartered Communities are as
follows:
1. Work with the MNBC Ministry of Natural Resources
to identify practical arrangements on how to implement
the Consultation Guidelines.
2. Clearly identify which Métis rights and traditional landuses may be infringed by land management and resource
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2.3.2 Project-Specific
MNBC expects the project proponent to consult with MNBC on
proposed projects in accordance with these Consultation Guidelines
and resolve issues where possible. A compliance-monitoring
program will ensure that the consultation meets the intent of
these Guidelines. The project proponent must consult directly
with MNBC where major projects or MNBC Ministry of Natural
Resource’s assessment indicates that government or industry
should engage in project-specific consultation. Assessments will
be based on available information about the proposed activity and
the collection of Métis rights and land-use information from the
Métis Chartered Communities in the relevant geographic area. The
nature of the consultations will depend on
factors such as the nature of the traditional
land-uses identified by either the MNBC
Ministry of Natural Resources or the Métis
Chartered Communities that are being affected by the project, the
extent of the potential impact, the communities affected, and the
nature of the industry involved. The MNBC Ministry of Natural
Resources will not engage directly in a consultation process for
every proposed resource development activity. In most cases the
MNBC Ministry of Natural Resources will require the project
proponents to conduct procedural aspects of project-specific
consultation, but MNBC will retain responsibility to determine
whether consultation has been adequate in the circumstances.
However, when a specific activity is proposed for which MNBC
will consult directly, a Métis Consultation Project Team will be
formed to address the consultation and will:
3.1.1 MNBC Engagement
Based on the consultation information provided, the MNBC
Ministry of Natural Resources will make an informed decision to
engage a Metis Consultation Project Team (MCPT) in consultation
relative to the potential adverse impacts of the project on Métis
rights and traditional land-uses. Written notification of this decision
will be conveyed in a timely manner to the project proponent,
government and the effected Métis Chartered Community (ies).
3.1.2 Métis Consultation Project Team
Where required by MNBC, the MNBC Ministry of Natural
Resources and the proponent will develop a Métis Consultation
Project Team (MCPT) that is specifically assigned to the proposed
consultation. The team may consist of the following components
but should supply a cross-section of political, technical and
traditional resources:
1) MNBC personnel
a. Political (provincial, regional and/or community level)
b. Technical, Director of Natural Resources and policy
c. Training, economic development, staff as required
2) BCMANR personnel
a. Regional Captain(s) for the effected area(s)
3) Proponent personnel
a. To be determined consensually by the proponent and
MNBC.
1. Engage in meaningful consultation, keeping in mind
applicable industry and regulatory timelines and the
need for informed understanding among the parties.
The consultation process will include gathering and
assessing the necessary information from the project
proponent and government, assessing the potential for
infringement of the Métis rights and traditional landuses, and facilitating discussions between the project
proponent and the Métis Chartered Communities.
2. Maintain a record of the consultation process, including
how the industry, government and Métis Chartered
Communities concerns have been considered.
3. MNBC decision-makers or institutions will review all
information provided during the consultation process,
and fully consider the views of industry and the
government. In particular, methods to avoid, mitigate
or otherwise address potential infringements on Métis
rights and traditional land-uses will be considered and
documented.
4. Where the decision for support is to be made by a
MNBC governance institution, such as the Métis Nation
Governing Assembly or the MNBC Annual General
Meeting, MNBC will report on consultation outcomes
to the relevant body. Industry and government may be
requested to partake in the delivery process.
5. Advise the government and industry in writing of the
outcome of the consultation and decision for support of
the report.
3.2 Assessment and Notification
When determining whether to delegate the responsibility to
complete project specific consultation, MNBC Ministry of Natural
Resources will take into account the following:
∞ Specific traditional use information shared by Métis;
∞ Identified lands and the Métis Chartered Communities
that will be most effected;
∞ Other Métis Citizens or user groups that will be
effected,
∞ Magnitude and duration of the proposed project;
∞ Information shared at community, regional and
provincial levels;
∞ nformation acquired through direct interaction with
Métis; and
∞ Any other relevant information that comes to the
MNBC Ministry of Natural Resource’s attention.
∞ In those instances where MCPT consultation is
required, the MNBC Ministry of Natural Resources
may assist by:
∞ Advising whether notification will be required and
with which Métis;
∞ Providing MNBC contact information for consultation
purposes;
∞ Providing contact information for MNBC staff for
further information and support;
∞ Providing guidance and advice to assist in planning the
consultation that will be required;
3.0 The Consultation Process
3.1 Trigger and Evaluation
All aspects of consultation will be delegated to the Métis
Consultation Project Team (MPCT), where applicable. It is
MNBC’s intention that those aspects of consultation delegated to
the MPCT will be conducted under the Consultation Guidelines
and within timelines. The fundamental aspects of assessment and
notification, consultation procedures, and review and decisionmaking in these Guidelines apply.
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submitted by project proponents for
adequacy and completeness. The MNBC
Ministry of Natural Resources will verify
information with the Métis Chartered
Communities and seek advice from internal MNBC personnel
during the review process. Where applications are considered
to be incomplete or inadequate after evaluation by the MNBC
Ministry of Natural Resources, proponents may be required to
consult further with the MPCT. The MNBC Ministry of Natural
Resources may use the following criteria in its assessment of the
adequacy of MNBC consultation with Métis:
∞ Consultation was conducted in a meaningful way that
supports the spirit of collaboration;
∞ Information was provided in a timely manner;
∞ Reasonable efforts were made to avoid or mitigate Métis concerns;
∞ Actions of the Métis Chartered Communities including
the nature and degree of participation in the process;
∞ Potential adverse impacts were specifically identified
and understood;
∞ Scope of the impact was effectively communicated;
and
∞ Any other criteria that MNBC deems necessary.
∞ Establishing timeframes within which consultation
should occur in relation to the magnitude and duration
of the proposed project;
∞ Assessing and approving the adequacy of proposed
strategies that may be used to avoid or mitigate potential
adverse impacts on Métis rights and traditional land
uses; and
∞ Any other steps or measures the MNBC Ministry of
Natural Resources deems necessary.
3.3 Consultation Requirements
The MNBC Ministry of Natural Resources (in the case of
direct consultation) or the MCPT (where applicable) will send
the requirements for consultation to the proponent and to the
relevant Metis Chartered Community (ies). The requirements for
consultation will vary for each consultation based on the type of
proposed activity, potential impact to Metis Rights and Traditional
Land Uses, number of Metis Chartered Communities and MNBC
Regions affected and other considerations. The requirements for
consultation could be expected to include:
∞ Assessment and Notification Sites of Central
Significance to Métis,
∞ Identification of traditional land-use sites and
activities,
∞ Identification of Metis land users,
∞ Understanding environmental issues using both westernbased science and Metis traditional knowledge,
∞ Human Resource requirements,
∞ Financial requirements,
∞ Other requirements as determined in the Assessment
Phase.
3.5.1 Performance Indicators
3.4 Reporting
Where the MNBC Ministry of Natural Resources or the MCPT
(where applicable) carry out a consultation under the Guidelines,
the Ministry or MCPT will submit a final report that summarizes the
results of the consultation. The report will reflect the discussions,
information shared, accommodations to Métis concerns and the
potential impact (if any) to Metis Rights and Traditional Land
Uses. Copies of the report will be submitted to MNBC, the
proponent and appropriate government ministry/agency.
3.5 Adequacy Review
One of the primary concerns of all parties is the determination of
adequate consultation. Although project proponents will be required
to conduct procedural aspects of project specific consultation,
MNBC retains the accountability for ensuring consultation has been
adequate. Therefore, the MNBC Ministry of Natural Resources will
perform an assessment of MCPT consultation activities. Within
the Consultation Guidelines, MNBC expects consultation to occur
before decisions are made and retains responsibility of determining
whether MCPT consultation is adequate in the circumstances. As
part of the review and approval process, MNBC will review the
consultation information
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Successfully implementing the Guidelines will bring about certain
identifiable results. The following are results that MNBC will strive
for and seek to measure as indicators of successful implementation
of the Guidelines:
1. Engagement of all parties in the process as indicated in
the Consultation Guidelines.
2. Reduced number of unintentional impacts on Métis
rights and traditional land-uses and an increased number
of sites or areas, important to the exercise of Métis rights
and traditional land-uses that receive protection.
3. Timely review of required project-specific consultations
and project plans and the improved ability of MNBC
to make decisions on successful advocacy created
consultations.
4. Meaningful engagement of consultation processes, such
as land and resource planning, which efficiently seek
methods to avoid or mitigate the impacts of land and
resource management decisions made by government
and industry and to accommodate Métis rights and
traditional land-uses where avoidance or mitigation is
not possible.
5. Focused attention, for project specific consultation, on
decisions or actions that have the potential for adversely
impacting Métis rights and traditional land-uses and
processes that resolve practical issues relating to land
use conflicts.
6. An increased number of completed traditional land use studies and data management agreements, between
MNBC, government and industry, producing data,
which can be utilized to assist consultation.
7. Timely provision of information to
MNBC in an understandable format or
with appropriate access to advice and to
assist Métis Chartered Communities in
understanding the information.
8. Timely provision of a response from MNBC identifying
potential impacts and possible methods to avoid or
mitigate the impact.
9. The ability of MNBC to identify potential impacts
through the use of tools such as traditional land-use
studies and to communicate those impacts to the decision
maker or project proponent in a timely manner.
10. Impacts on Métis rights and traditional landuses are avoided, mitigated or, where appropriate,
accommodated.
3.6.1.4 Métis Nation Governing Assembly
The Métis Nation Governing Assembly (MNGA) can be used for
approval authority on medium to large-scale projects that affect
multiple MNBC regions and/or Métis Chartered Communities. In
addition, high profile projects that have multiple potential impacts
with long-term implications will also fall to this level of approval
authority. This institution consists of the MNBC Board of Directors
and all MNBC Métis Chartered Community Presidents or VicePresidents (if the President cannot attend). Seventy-five percent
of this body must vote in favour to approve any document that is
presented. The approval will be recorded as an official motion and
documented in the MNGA minutes.
3.6.1.5 MNBC Annual General Meeting
The MNBC Annual General Meeting can be used for approval
authority on large-scale projects that affect multiple MNBC
regions and/or Métis Chartered Communities. In addition, high
profile projects that have multiple potential impacts with longterm implications will also fall to this level of approval authority.
This is the highest and most complex level of approval authority
that MNBC can implement. This institution consists of the MNBC
Board of Directors, two Métis Community delegates from each
of the MNBC Métis Chartered Communities and any other Métis
citizens that choose to attend the event. Usually there are over 500
Métis citizens in attendance of this annual event. The approval
(50% +1) will be recorded as an official motion and documented
in the MNBC Annual General Meeting minutes.
3.6 Finalization and Monitoring
3.6.1 Approval
Upon finalization of the Consultation Report and Adequacy
Analysis the appropriate level of decision maker will be provided
with the information and technical resources required to facilitate
approval or denial. The following sections will highlight the
various levels of decision-making authority that can be employed
for approvals.
3.6.1.1 MNBC Board of Directors
The MNBC Board of Directors can be used for approval authority
on small to medium scale projects that affect three or more MNBC
Regions. This approval is in the form of an official MNBC Board
motion that is recorded in the meeting minutes. This institution
consists of a president, vice-president, seven regional directors,
women’s chair and a youth chair.
3.6.2 Monitoring
The MNBC Ministry of Natural Resources or where appropriate,
the MCPT, will monitor all mitigative measures highlighted in the
approved consultation report. This monitoring activity will identify
the level of compliance and the effectiveness of the process. The
results of this monitoring will be documented in a report that will
be submitted to MNBC and the proponent.
3.6.1.2 Regional Governance Councils
The Regional Governance Councils can be used for approval
authority on small to medium scale projects that affect over 50%
of the Métis Communities within their respective MNBC Region.
This approval is in the form of an official Regional Governance
Council motion that is recorded in the meeting minutes. This
institution consists of the elected Regional Director (as Chair),
regional youth representative, regional women’s representative
and the Métis Chartered Community Presidents of that MNBC
Region.
4.0 Enactment
These Consultation Guidelines will be effective February 25, 2009,
(18:56 hrs.) and will be circulated as part of MNBC’s consultation
initiative. The Consultation Guidelines, requirements, reporting
Guidelines and related forms will be made available on the MNBC
website: http://www.mnbc.ca.
3.6.1.3 Métis Chartered Community
The Métis Chartered Community can be used for approval authority
on small to medium scale projects that affect that community only
or less than 50% of the Métis Chartered Communities are affected
in the MNBC Region. However, if less than 50% of the Métis
Chartered Communities are affected in the MNBC Region it will
require multiple approvals. The approval(s) will be supplied, by
official letter, from the Community Executive. These institutions
consist of community elected leaders usually a president, vicepresident and directors.
Contacts for MNBC consultation process are as follows:
Director of Natural Resources
Métis Nation British Columbia
(604) 801-5853 Fax: (604) 801-5097
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MNBC is approached on a consultative issue by either
government or industry.
MNBC appoints a Métis Consultation Project Team
(MCPT). Consists of MNBC and BCMANR.
MNBC evaluation includes:
• Listing of significant historic sites or areas
• Traditional land-use inventory
• Identification of effected Chartered Métis Communities
MCPT conducts a comprehensive review of :
• What is the potential impact to a historic resource
of central significance to the Métis?
• What is the potential impact to a traditional landuse area
• Identify potentially adversely impacted Métis
The MNBC will send the requirements for the consultation to the proponent and the relevant Chartered Métis
Communities. The MNBC will also notify all other
relevant parties via the consultation webpage on the
MNBC website (http://www.mnbc.ca
The MCPT will carry out the consultative phase and
submit a final report summarizing all of the results.
Copies of this report will be submitted to the MNBC
and the proponent.
The MNBC and the proponent review the report and determine its completeness. The MNBC will also involve the various Chartered Métis Communities to ensure
satisfaction at this level.
The MNBC seeks the various levels of authority to officially supply the appropriate level of acceptance, these
may include:
• MNBC Board of Directors
• Regional Governance Council
• Chartered Métis Community Executive
• Métis Nation Governing Assembly
• MNBC Annual General Assembly
9
The MCPT will monitor the mitigative procedures highlighted in the approved consultative report to identify
the level of compliancy and effectiveness of the process.
A small summary report will be supplied to the MNBC
and the proponent.
Métis Traditional Knowledge Policy
March 19, 2009
Table of Contents
Table of Contents...................................................................................................................................................10
1.0 Introduction......................................................................................................................................................11
1.2 MNBC Commitment to Traditional Knowledge.........................................................................................11
2.0 Metis Traditional Knowledge – Guiding Principles........................................................................................11
3.0 Scope of the Policy..........................................................................................................................................12
3.1 Definitions....................................................................................................................................................12
4.0 Authority and Accountability...........................................................................................................................13
4.1 Métis Nation BC..........................................................................................................................................13
4.2 MNBC Ministry of Natural Resources........................................................................................................13
5.0 Periodic Review...............................................................................................................................................13
Schedule A Research Agreement Framework ......................................................................................................14
Schedule B Essential Elements.............................................................................................................................16
10
1.0 Introduction
British Columbia Métis recognize and value the fact that
our aboriginal ancestors have been living on the land
for many millennia. Métis as a unique culture, derived
from the combining of aboriginal and non-aboriginal
cultures, continue to live from the land. This connection
to the land has provided Métis with an extensive body
of knowledge, values, beliefs and practices that is often
referred to as traditional knowledge. This knowledge,
which has been passed down orally and through landbased experience, is the foundation of Métis identity
and survival. Métis Traditional Knowledge (MTK)
continues to have relevance in current times and draws
its’ strength from being used, adapted and continuously
updated to take into consideration new knowledge.
Métis, as a mixed culture, have a traditional knowledge
set that is unique from other aboriginal groups. Métis
hold this knowledge in trust for future generations in
the belief that this knowledge is of benefit to Métis and
to non-aboriginal society. Métis believe the best way to
ensure the survival of MTK is to continue to use it and
share it in a matter that respects this knowledge and our
knowledge holders.
1.2 MNBC Commitment to Traditional Knowledge
Whereas British Columbian Métis, as represented by the
Métis Nation BC, are the holders of Métis Traditional
Knowledge in British Columbia and,
Whereas the Métis Nation BC’s role is to represent its
citizens and chartered communities on all matters that
will impact the rights and intellectual property of Métis
people, including the protection and promotion of Métis
Traditional Knowledge; and,
Whereas the Métis Nation BC is responsible for ensuring
that the cultural and economic relationships between
Métis and government recognize the Métis way of life;
Whereas the Métis Nation BC is responsible for
negotiating self-government arrangements on matters
including culture, heritage and language; and,
Whereas the 2008 Métis Nation BC - Annual General
Meeting passed into legislation the Métis Nation BC Natural Resource Act and the Act authorizes the MNBC
Ministry of Natural Resources to develop a policy on
Métis Traditional Knowledge that would bring clarity
to Métis ownership and control of Métis Traditional
11
Knowledge;
Therefore Métis Nation BC hereby
commits to take a lead role in the
management of Métis Traditional
Knowledge issues in the British Columbia by monitoring
and guiding the collection, use and distribution of Métis
Traditional Knowledge. In taking on this role, the Métis
Nation BC will work to ensure that Métis Traditional
Knowledge is used ethically and safeguarded for future
generations to the benefit of Métis and other cultures.
2.0 Metis Traditional Knowledge –
Guiding Principles
The Métis Nation BC will manage Métis Traditional
Knowledge issues in British Columbia in a manner that
will:
• Allow future generations to benefit and learn
from Métis Traditional Knowledge,
• Ensure that informed consent occurs between
Métis knowledge holders, researchers and
Métis Traditional Knowledge Users in the
process of research or MTK use,
• Assist Métis to restore and maintain control over the use of Métis Traditional Knowledge,
as cultural and heritage resources recognizing
that they are the owners and stewards of these
resources,
• Encourage appropriate sharing of Métis
Traditional Knowledge with others,
• Ensure the participation of Métis chartered
communities in Métis Traditional Knowledge
research activities including reporting back to
the communities the results of research activities
in an appropriate manner and format,
• Ensure respect for Métis Traditional Knowledge
holders and ethical use of Métis Traditional
Knowledge in research, giving it an equal
standing with western based knowledge,
• Ensure that researchers conducting projects
in the British Columbia that use Aboriginal
Traditional Knowledge give equal weight to
Métis Traditional Knowledge,
• Support the use and preservation of Métis
languages
• Supports the ethical use and application of
Métis Traditional Knowledge
in heritage, renewable and nonrenewable resource management
in the British Columbia.
3.0 Scope of Policy
The policy applies to the following Métis organizations
and in the Province of British Columbia:
• Métis Nation BC and it’s Ministries;
• Métis Nation BC Chartered Communities;
• Métis Nation BC Citizens, and
• Métis Service Providers.
3.1 Definitions
Informed Consent - is a statement or oral agreement
between the participant and a researcher (Principal
Investigator) that outlines the nature of the research,
and the manner in which the information the participant
is providing can be used and accessed. Such consent
must be given freely prior to research commencing. The
essential elements contained in an Informed Consent
Statement can be found in Schedule “B”.
Métis Traditional Knowledge (MTK) - is that body of
information, values, beliefs and practices passed from
one generation to another by oral means or through landbased experience that pertains to the identity, culture
and heritage of the Métis people and their respect for
the land and its resources.
Métis Traditional Knowledge Holder - are Métis
persons who are known, or come to be known, by the
Métis citizens of Métis Nation BC and/or its’ chartered
communities to possess Métis Traditional Knowledge.
Holders of Métis Traditional Knowledge should be
clearly acknowledged for any traditional knowledge
they have shared with researchers.
Métis Traditional Knowledge User - Anyone using, any
part of Métis Traditional Knowledge, in any manner.
Research - is an endeavor to study, diligently search
for, and obtains knowledge through use of a systematic
approach with the intent of clarification. This includes
activities that attempt to discover new facts, information,
or new applications to existing knowledge. It also
includes activities to revise or substantiate existing
theories. Research can include, but not be limited to,
Basic Research, that is, a curiosity driving activity that
has the purpose of discovery and the advancement
or knowledge; or Applied Research, which aims to
discover the best ways of using this knowledge in the
process or a profession, policy development or a way
of life. Research can be conducted using qualitative,
that is, a belief that theory should be grounded in the
day-to-day realities of the people being studied, or
quantitative, that is, methods that use numerical or
statistical methodology. Research methodology can
include primary and secondary research. Primary
research is information gathered by interacting with
people through meetings, interviews, observation, focus
groups or surveys. Secondary research is information
gathered through literature reviews, publications,
broadcast media and the use of other non-human
sources.
Research Agreement - is a contract entered into
between the Métis Nation BC (or a Designated
Métis Organization) and a researcher that outlines
the conditions for the conduct of research on Métis
Traditional Knowledge in the British Columbia.
Researcher - is any person, agency, institution of public
government, government body or a public or private
organization proposing a research project on Métis
Traditional Knowledge in British Columbia.
4.0 Authority and Accountability
4.1 Métis Nation BC
• MNBC Legislation known as the MNBC
Natural Resource Act authorizes the Métis
Nation BC - Ministry of Natural Resources to
implement this policy on behalf of the Métis
Nation BC,
• Represents the rights and interests of the Métis
Nation BC chartered communities and citizens
on any matters arising that will promote and
protect Métis Traditional Knowledge,
• Ensures that the Ministry of Natural Resources
has the resources required to manage and apply
this policy.
4.2 MNBC Ministry of Natural Resources
• Review all requests for Consultation (as per
Haida / Taku - Duty to Consult),
• Review all requests for access to Métis
12
Traditional Knowledge and Knowledge
qualified Métis Traditional
Holders,
Knowledge holders in specific
• Ensure “Informed Consent” of MTK holders
topic areas and have interest
in working with researchers,
has been completed before the research
proceeds,
• Educate elders, MTK holders and other
• Ensure that research has gone through an
beneficiaries about their individual rights with
ethical review process before research begins,
respect to their participation in all research,
including Métis Traditional Knowledge
• Ensure that a plain language description of the
research, and
project is provided to the community in which
the research is proposed,
• Recover costs related to the provision of
• Monitors Métis Traditional Knowledge
information to researchers, wherever possible.
projects, studies and other initiatives inside
• Métis Nation BC reserves the right to enter
and outside the British Columbia to improve
into research agreements to collaborate with
general understanding of the methodology of
researchers for proposed Métis Traditional
incorporating Métis Traditional Knowledge
Knowledge research or other socio-cultural
research in the British Columbia (see Schedule
into education, environmental assessment,
heritage management and land, water and
A).
resource management and planning,
5.0 Periodic Review
• Participate in the on-going exchange of
information about Métis Traditional Knowledge
The Traditional Knowledge Policy will be reviewed
research and development and its incorporation
subsequent to any self-government agreements which
into decision-making,
might affect the management of cultural and heritage
• Identify areas where Métis Traditional
resources.
Knowledge can be successfully incorporated
into the design or delivery of Métis Nation BC
governance and Board of Directors decisionmaking,
• Develop guidelines for researchers seeking
to conduct research on Métis Traditional
Knowledge in British Columbia that reflect
the values and traditions of Métis as expressed
through this policy,
• Encourage the use of collaborative research
methods in Métis Traditional Knowledge and
Scientific research,
• Communicate the objectives of this policy
and its guidelines to all Métis organizations,
government
departments/ministries,
researchers, and institutions of public
government identified within British Columbia
and where appropriate within the Métis
Homeland,
• Provide the Métis Nation BC with advice on
all matters which fall within the scope of this
policy,
• Work to identify Métis individuals who are
13
Date of Agreement:
Principal Investigator: Name: Address: Telephone: Fax: Email:
Associated Institution: Name: Address: Telephone: Fax: Email:
Project Title:
Ethical Review Conducted: Yes ___ No ___ If yes, provide written proof from University Committee, SSHRC,
NSERC etc. If no, detail steps that will be taken to obtain Ethical Review:
Copy of Informed Consent Statement using Schedule “B” as a template is attached:
Yes ___ No ___
List purpose, goals and objectives of this Research Project:
List sources of funding obtained:
Detail benefits to community (education, training, employment, capacity building):
Detail research methodology to be used:
14
Detail any Ownership Agreements for Data Collected:
Detail how data will be accessed in future and any storage agreements:
Detail methods of consulting with and communicating results to community members during and after the project:
Detail how you propose to incorporate Metis Traditional Knowledge into the research:
Detail how confidentiality will be maintained during and after this project if requested:
Detail any Media Relations Agreement:
Termination:
Statements:
The Principle Investigator agrees that any copies of future publications, reports or products of the research will be forwarded to the Métis Nation BC – Ministry of Natural Resources.
The Principle Investigator acknowledges receipt of a copy of the document entitled “Working with Métis Traditional
Knowledge in British Columbia” and agrees to abide by all guidelines contained therein. The Principle Investigator indemnifies and saves harmless the Métis Nation BC it’s chartered communities and citizens from any liability and hereby
waives any legal claim against it for any event that might occur during the course of the project.
Signature of Principle Investigator:
Signature of Métis Nation BC designate:
Copies of this form must be submitted to both of the following:
Métis Nation BC
[email protected]
http://www.mnbc.ca
#905-1130 West Pender Street
Vancouver BC V6E 4A4
Phone: (604) 801-5853
fax. (604) 801-5097
15
1. Identify interviewer (name, company/university they
represent);
2. Date;
3. Identify interviewee (name and any affiliation);
4. Identify community of interviewee as well as community
where interview is taking place;
5. Brief statement about goals/rationale of project and
specifically, what the interviewer wants from the
interviewee and why;
6. Identify what this information will be used for;
7. Identify who will benefit from this information;
8. Identify who will be using this information;
9. Identify who will have access to the information;
10. Identify how this information will later benefit the
interviewee, their community and Métis Nation BC and
future generations of that community/nation;
11. Identify what the interviewer is gaining from this
information (i.e. University degree, Government contract,
etc. – If payments for future sales of information in
book form, where proceeds will go from the sale of this
information, etc.)
12. Indicate if information is to be recorded, either by
audiotape or videotape and if so, what is to be done with
this tape, where will this information be stored, how
many copies of the information will be made, who will
have access to this recorded information now and in the
future;
13. Does the interviewee want to be cited or credited for any
information being given? If yes, cited in general (such as
in a bibliography) or specifically (such as at the end of all
quotes). If no, does the interviewee want a pseudonym
created and used? If not cited, the interviewer must assure
confidentiality of all information received. This point is
crucial in traditional knowledge collection;
14. Crucial to informed consent is the clause that the
interviewee understands that they do not have to answer
any questions they do not want and that they can stop the
interview at any time;
15. Assure that a draft of information collected will be
presented again, either personally or in a community
forum for verification and any suggestions at that time
will be considered and incorporated into the final report;
16. Copy of the report will be forwarded to interviewee when
available, or alternatively to Métis Nation BC when
available;
17. Ensure that written consent is given to the above elements
once it has been read and explained in English or in one
of the Métis languages (Cree, Michif or Chinook Jargon);
Alternatively, if the interviewee does not read or write, the
Consent Statement should be read to them in English, and/
or in one of the Métis languages (Cree, Michef or Chinook
Jargon), any questions answered and a verbal consent
recorded on tape. Any exceptions to the above should also be
noted in the Consent Statement.
Métis Nation BC - Traditional Knowledge Research
Guidelines
The Métis Nation BC Traditional Knowledge Research Guidelines
fall under the Métis Nation BC Traditional Knowledge Research
Policy. These guidelines may be reviewed and amended from time
to time by the MNBC Ministry of Natural Resources and must be
approved by the Métis Nation BC –BCMANR Captains Assembly.
Current Guidelines will be posted to the Métis Nation BC web
site. The Métis Nation BC will, in accordance with the policy,
provide these guidelines to all researchers proposing to work on
Métis Traditional Knowledge research or working on other issues
related to Métis in Traditional Knowledge in British Columbia
or the Métis Homeland where it affects Métis Nation BC. The
Métis Nation BC will review all research permit applications for
compliance with these policy guidelines prior to providing advice
to the responsible permitting authority.
Research Licensing
All persons proposing to do research on Métis Traditional
Knowledge in British Columbia must obtain the appropriate
authorizations pursuant to provincial statutes. Researchers are
advised to consult and review the “Tri-Council Policy Statement:
Ethical Conduct for Research Involving Humans” available at
http://www.ethics.ubc.ca/code
Collaborative Research Methodologies
Métis Nation BC supports and encourages the use of collaborative
research methodologies in all research activities related to Métis
Traditional Knowledge in the British Columbia and the Métis
Homeland. Collaborative research methodologies enable the
researcher and research participants to use Métis Traditional
Knowledge appropriately throughout the research process and
ensure that the project is completed to the satisfaction of all the
parties. Collaborative research methodologies imply that wherever
possible, the research project supports community capacity
building, including education, research training and employment
16
opportunities for local residents. To encourage collaborative
research methodologies, Métis Nation BC will ensure that, when
appropriate, an existing community advisory body (for example,
Elders Councils, BCMANR) is identified for the researcher. The
advisory body will establish an appropriate framework with the
researcher for consultation and advisory support throughout all
stages of the project. All reasonable expenses of the Advisory
Body are the responsibility of the researcher.
Métis Languages
Researchers should ensure that they use
and apply the appropriate Métis language
or dialect when working in the Cree and
Mechif languages and Chinook Jargon of the Métis people.
For research of a regional nature, languages should be properly
represented in research reports or products of research in order to
ensure both respect and effective communication.
Research Agreements
Except as otherwise agreed, a researcher must have concluded a
valid research agreement with Métis Nation BC setting out the
rights and obligations of the parties for which the Métis community
and Métis Traditional Knowledge Holders’ collaboration is being
sought. Without limiting their generality, the terms and conditions
in the agreement must include those matters set out in Schedule
‘A.’
Compensation
All holders of Métis Traditional Knowledge should be compensated
for their time working with researchers. Compensation can be in the
form of a cash payment, an in-kind contribution or a fair exchange
(gas, food, etc.). Compensation will be determined between the
researcher and the holder of Métis Traditional Knowledge. Where
Métis Traditional Knowledge is being use to complement westernbased science research, MTK holders should be compensated at
a rate that is comparable to the rates charged by scientists and
biologists. Métis Nation BC holds the view that MTK is a land
based data set that is of equivalent value. Researchers should
inform the Métis Nation BC how they plan to compensate Métis
Knowledge holders. Métis Nation BC will provide the most current
Rate Schedule upon request.
Confidentiality
Métis Nation BC, Métis community and Métis Traditional
Knowledge Holders’ must be informed about the degree of
confidentiality that will apply to the information they provide before
the research process starts. Methods of ensuring confidentiality
must be approved prior to any research.
Reporting Back to the Community
Ownership and Use of Métis Traditional Knowledge
Information
As part of the follow-up process, all researchers working with
Métis Traditional Knowledge should return to the community to
present the findings of their research. Research results should be
presented or displayed in the Métis chartered communities or at the
Métis Nation BC Annual General Meeting in culturally relevant
and creative ways.
Ownership and use of information must be negotiated between
the researcher and Métis Nation BC prior to the commencement
of the research process and contained in the research agreement.
Copies of research materials and final products including relevant
field notes, photographs or slides, audio tapes, video tapes,
maps, archival materials, reports, journal articles, manuscripts,
or books resulting from Métis Traditional Knowledge research
must be provided to the Métis Nation BC Ministry of Natural
Resources within 60 days of the completion date of the research
or as otherwise stipulated in the Research Agreement. Quotations
and other oral, written and pictorial contributions of those people
or group of people who provide Métis Traditional Knowledge
information must be acknowledged in any report or publication
that may arise out of the research project. Direct references must be
cited for Métis Traditional Knowledge holders, persons or groups
who provide information that is recorded and then used in a report,
providing consent to do so has been obtained. The product of the
research containing or derived from Métis Traditional Knowledge
must be reviewed by the Métis Nation BC and affected chartered
community before distribution to a third party. The product will be
reviewed within 30 days of receipt. If verification of information
is required, this time frame must be negotiated. The review and/
or verification process is meant to provide Métis Nation BC and
the chartered community with an opportunity to comment on the
findings, identify gaps and make corrections before the research is
made public.
17
Métis Traditional Knowledge (Land Use)
18
Métis Nation BC Consultation Guidelines
Official Notification of Consultation
For use by Métis Chartered Community to respond to Project Proponent requests for
Consultation
Proponent Name: ________________________________________________________
Company or government agency that is proposing the activity
Project: ________________________________________________________________
Project name and location
This correspondence will serve to inform you of the requirement for consultation with Métis Nation BC
and our Métis Chartered Community.
Métis Consultation in this project is required to address the potential impact of the proposed activity on
Métis Rights and Traditional Land Use.
Métis Consultation will be coordinated by Métis Nation BC through the MNBC Ministry of Natural
Resources. The MNBC Director of Natural Resources contact information is included at the bottom of this
page.
Métis Chartered Community: _______________________________________________
Community representative: _________________________________________________
Send to:
Project Proponent
Send a copy To: Director of Natural Resources
Métis Nation BC
905 - 1130 West Pender Street
Vancouver, BC V6E 4E4
Fax: (604) 801-5097
[email protected]
19
20
For use by MNBC Métis Chartered Community
Contact Person at Community: ______________________________________________
Phone Contact number: ____________________________________________________
Email contact: ___________________________________________________________
Project: ________________________________________________________________
Please provide project name if known
Location: ______________________________________________________________
Where the project will be occurring
Proponent Name: ________________________________________________________
Type of Activity: ________________________________________________________
Mine, road, or other development or
Government regulation, policy or activity that affects Métis
Timeline: ______________________________________________________________
When is the activity to occur include any dates for public or community meetings?
Send to:
Métis Nation BC
Fax: (604) 801-5097
21
22
For use by Project Proponent
Proponent Name: ________________________________________________________
Project: ________________________________________________________________
Please provide project name
Location: ______________________________________________________________
Where the project will be occurring
Contact Person (proponent): ________________________________________________
Phone Contact number: ____________________________________________________
Email contact: ___________________________________________________________
Type of Activity: _________________________________________________________
Mine, road, or other development or
Government regulation, policy or activity that affects Métis
Timeline: ______________________________________________________________
____________________________________________________________________________
When is the activity to occur include any dates for public or community meetings?
Have you been in contact with a community representative?
Community Contact Name: _________________________________________________
Send to:
Métis Nation BC
Fax: (604) 801-5097
23
24
“Métis Traditional Knowledge is that body of information, values, beliefs and practices passed
from one generation to another by oral means or through land-based experience that pertains to the
identity, culture and heritage of the Métis people and their respect for the land and its resources.”
for more information on BCMANR and Consultation go to
http://www.mnbc.ca/bcmanr/bcmanr.html

Consultation Guidebook

Transcription

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