Aboriginal Consultation - Duty to Consult - Risk Assessment Tool

Organization

Government

Permit or Approval

Operations

R

I

S

K

Z

O

N

E

Duty to Consult

Aboriginal Peoples Activity

Courts

Media

Official Consultation

Organization

Aboriginal P. Consultation

Government

Permit or Approval

Operations

Direct ActionOfficial

Consultation

© 2012 Indigenous Corporate Training Inc.

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www.workingeffectivelywithaboriginalpeoples.com

http://www.ictinc.ca/



http://www.workingeffectivelywithaboriginalpeoples.com/

CONSULTATION and ACCOMMODATION

MERE FULL

Risk, Consultation, and Accommodation Model

HIGH 9

LOW 1

RISK 5

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© 2012 Indigenous Corporate Training Inc.www.workingeffectivelywithaboriginalpeoples.com



1 2 3 4 5 6 7 8 9

View of Consultation

1 A process of reconciliation

5 Administrative process that includes accommodation

9 An administrative approach to be followed

RISK ASSESSMENT:

1


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1 2 3 4 5 6 7 8 9

Blockade

1 Blockades have never been an issue

5 The community has threatened to blockade

9 The community has blockaded in the past

RISK ASSESSMENT:

1


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1 2 3 4 5 6 7 8 9

Band Council Election

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 less


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1 2 3 4 5 6 7 8 9

Decision Makers

1 Consult widely through elected council, hereditary chiefs, and community

5 Try to reach broader community

9 Only deal with the Chief and Council


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1 2 3 4 5 6 7 8 9

Negative Media Campaign

1 Community has never threatened a negative media campaign

5 Community has threatened a negative media campaign

9 Community has conducted a negative media campaign


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1 2 3 4 5 6 7 8 9

Legal Action

1 Community has never threatened legal action

5 Community, in the past, has threatened legal action

9 Community, in the past, has commenced legal action


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1 2 3 4 5 6 7 8 9

Community Financial Resources

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 revenue


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1 2 3 4 5 6 7 8 9

Organization’s Approach to Consultation Policy

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 permit


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1 2 3 4 5 6 7 8 9

Organization’s Team

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 Canadians


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1 2 3 4 5 6 7 8 9

Organization’s Views

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 issue

© 2011 Indigenous Corporate Training Inc.© 2012 Indigenous Corporate Training Inc.

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1 2 3 4 5 6 7 8 9

Aboriginal Community Membership

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 consultants

© 2011 Indigenous Corporate Training Inc.© 2012 Indigenous Corporate Training Inc.

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1 2 3 4 5 6 7 8 9

Capacity Building

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 building


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1 2 3 4 5 6 7 8 9

Agenda Competition

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 agenda


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1 2 3 4 5 6 7 8 9

Community Benefits from Project

1 Co-management and revenue/resource sharing

5 Business and workforce development

9 Little or no discussion of community benefits


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1 2 3 4 5 6 7 8 9

Return on Investment

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 Peoples


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HIGH - 9

LOW – 1

RISK

MERE FULL

Blockade – Info. Checkpoint

Negative Media

Legal Action

Financial Resources

Approach to Consultation Policy

Band Elections


Bench Strength


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HIGH - 9

LOW – 1

RISK

MERE FULL

Blockade – Info. Checkpoint

Negative Media

Legal Action

Financial Resources

Approach to Consultation Policy

Band Elections


Bench Strength


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Aboriginal Consultation - Duty to Consult - Risk Assessment Tool

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