A fundamental aspect of reconciliation is consultation with Aboriginal governments and organizations.
Government of Yukon regularly consults with Aboriginal governments and organizations as a matter of good governance, sound policy development and decision-making as well as to fulfill our legal consultation obligations.
Types of consultation
Consultation for good governance/policy reasons
- To make informed decisions that respect and incorporate the views and interests of First Nations people and governments
- To continue building good government-to-government relation
Consultation for legal reasons
- To meet common law consultation obligations
- To meet consultation obligations set out in legislation, comprehensive land claims or other agreements
Legal duty to consult
Section 35 of the Canadian Constitution
recognizes and affirms existing Aboriginal and treaty rights.
Under Canadian common law, government must consult, and, where appropriate, accommodate Aboriginal groups when it contemplates actions or decisions which may have the potential to impact treaty rights or asserted Aboriginal rights.
How does Yukon government consult?
The consultation process involves providing:
- advanced notice of a contemplated decision
- sufficient information to for a First Nation to prepare its views
- reasonable time for a First Nation to prepare its views
- an opportunity for a First Nation to present its views
- full and fair consideration of views
- an explanation of how views were considered in making the decision