Many in the business world are curious as to what it takes to “consult” with First Nations or an aboriginal group regarding a proposed project. In short, it may look like this:
Provide notice to the FN or group; put together all relevant information; disclose the relevant information to the FN or group; ask for input or opinions; tell and educate the FN or aboriginal group about the project while explaining the data used to develop the project; seek and adjust the project to incorporate the knowledge or advice provided by the FN or aboriginal group; and lastly, if a decision has been made to go forward with the project, explain in both a face to face meeting along with a written follow up as to why the decision was made to proceed with the project.
The process isn’t perfect or complete by any means. You and your legal counsel may still have to tackle the issue of “accommodation”. You should also note, that governments and financial sources will have their own spin on the project (as it relates to the aboriginal community) before final sign off on all the permits or licenses needed to make your project a success.
Bernd Christmas
Mr. Christmas is the owner of Bernd Christmas Law Group, Barrister & Solicitor with the primary focus on Corporate and Commercial law.
He recently assisted Hill & Knowlton Canada develop its aboriginal affairs practice while in the position of Senior Vice President and National Practice Leader. As former Chief Executive Officer (CEO) of the Membertou Band of Nova Scotia and the Membertou Corporate Division, and as a negotiator for several First Nations bands, Mr. Christmas brings a deep understanding of Aboriginal perspectives. He also brings extensive experience on national and international boards and commissions.
The first Mi'kmaw to become a lawyer in Canada, Mr. Christmas obtained his law degree in 1991 from Osgoode Hall at York University. In 1993, he accepted a position in corporate and commercial law with Lang Michener, where he also expanded the firm's Aboriginal practices.
In 2003, he was appointed by Prime Minister Chrétien to the External Advisory Committee on Smart Regulation. From 2000 to 2002, he was one of three Canadian commissioners to the International Commission for the Conservation of Tuna. He is a former member of the National Aboriginal Economic Development Board and of the executive committee organizing the Governor General's Conference on Leadership and Diversity. He has been a member of the board’s of the Canadian Broadcasting Corporation, Keltic Petrochemcials Inc. and the National Aboriginal Achievement Foundation. He currently is a director on the board of Investors Group.
Mr. Christmas is a member of the Nova Scotia Barristers' Society and of the Law Society of Upper Canada (Ontario).
Many in the business world are curious as to what it takes to “consult” with First Nations or an aboriginal group regarding a proposed project. In short, it may look like this:
