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Updated Consultation Package Traditional Territory of Swan River First Nation As Agreed To At the Signing of Treaty 8-1899 1 Swan River First Nation-2007 Swan River First Nation P.O. Box 270 Kinuso, Alberta T0G-1K0 Phone (780) 775-3536 Fax (780) 775-3796 (NAME OF COMPANY) (ADDRESS OF COMPANY) ATT’N: (NAME OF COMPANY) Dear Sirs/Madams: RE: (NAME OF COMPANY and potential development on Swan River First Nation Traditional Territory By way of introduction, I am the duly elected Chief of the Swan River First Nation (“Swan River”). Since time immemorial, Swan River has claimed Aboriginal rights and title over its traditional territory (“Traditional Territory”). As a part of the Treaty 8 First Nations of Alberta, Swan River’s constitutionally entrenched Aboriginal rights and title to its Traditional Territory have been legally recognized by the provincial and federal Crowns. Treaty 8 recognized that the First Nations would have access to unencumbered lands that were part of their traditional use and protection for the purpose of assuring sustainable livelihood and stewardship over the use of the lands. It has recently come to our attention that (NAME OF COMPANY) is either undertaking, or is interested in undertaking, resource exploration and development on Swan River’s Traditional Territory. If this is indeed the case, please be advised that Swan River has not surrendered, relinquished, extinguished, or conveyed, its interests, rights, and/or title to any of the assets, land, water, surface and subsurface resources, and all other natural resources, in order for (NAME OF COMPANY) .. to engage in resource exploration and development on our lands. Furthermore, Swan River has not been consulted by the provincial Crown with regard to granting (NAME OF COMPANY) any rights to explore or develop natural resources on its Traditional Territory. Lack of consultation runs contrary to the law as set out in the decisions delivered by the Supreme Court of Canada in the cases of Haida Nation v. British Columbia (Minister of Forests) and Weyerhaeuser ("Haida") and in Ringstad v. Taku River Tlingit ("Taku River"), in which the Court unanimously concluded that the provincial Crown has a legal duty to consult in good faith with and, in certain circumstances, accommodate First Nations when it has real or constructive knowledge of the even the potential existence of an Aboriginal title or right and contemplates conduct that might adversely affect that title or right. In all such cases, the honour of the Crown requires that the government act in good faith to provide meaningful consultation with affected First Nations. While we acknowledge that industry does not have a court-imposed duty to consult with First Nations, it is our expectation that if (NAME OF COMPANY) is either undertaking, or is interested in undertaking, resource exploration and development in Swan River’s Traditional Territory, it will have a vested interest in becoming involved in consultation and accommodation efforts with our First Nation. 2 Swan River First Nation-2007 Accordingly, if (NAME OF COMPANY) is prepared to engage in meaningful consultations to sincerely understand, address and accommodate our concerns, then Swan River will welcome your participation as a sign of good faith and cooperation and we will respond in kind. Therefore, on behalf of the Swan River First Nation, we invite representatives from (NAME OF COMPANY) to meet with us in order to provide information, seek our input regarding your proposed plans and accommodate our concerns with respect to resource exploration and development in our Traditional Territory. However, in order that there be no misunderstanding on your part, it is incumbent upon us to state in the clearest of terms that if (NAME OF COMPANY) feels compelled to disregard or show disdain for our concerns while continuing to press ahead with its operations in our Traditional Territory, (NAME OF COMPANY) should be aware that the days where conduct like this can occur without negative consequences for the company are long over. Swan River will not hesitate to use whatever means are necessary in whatever forum to defend and enforce its Aboriginal rights and title. Swan River prefers to believe that a company like (NAME OF COMPANY) has adapted to modern day realities and would like to avoid a protracted dispute with our First Nation, which would undoubtedly cast the company in a very negative light. We too wish to avoid discord and conflict. Therefore, it is our hope that (NAME OF COMPANY) will welcome this opportunity and participate in meaningful consultations with Swan River. Please contact my office at your earliest possible opportunity so that we can arrange a mutually suitable time and place to meet. Thank you in advance for your cooperation in this regard. Yours truly, Chief Leon Chalifoux Swan River First Nation 3 Swan River First Nation-2007 CONSULTATION STEPS WHEREAS: The Supreme Court Decisions of Canada has outlined the duty to consult of the Government of Alberta to the First Nations as laid out in various court cases; AND WHEREAS: The Government of Alberta acknowledges its duty to consult and acknowledges that the mechanism to be used for consultation in the Lakeshore First Nations Territories is the Consultation Policy & Guidelines of the Lakeshore First Nations; THEREFORE BE IT RESOLVED THAT: The Parties wish to enter into a protocol for a consistent, meaningful and effective process for Consultation under the principles laid out in The Supreme Court rulings and the consultation principles within the Lakeshore First Nations consultation policy upon which the Parties agree the protocol will apply; and The Parties wish to maintain respectful relations with each other and to deal fairly, openly and intelligently in the Consultation process so that decisions with respect to their respective responsibilities are made on the best possible knowledge. NOW THEREFORE; The Parties state the following: PURPOSE: The purpose of the Protocol is to set out the Parties’ intentions with respect to the process whereby they will carry out Consultations between them required by the Lakeshore First Nations. DEFINITIONS: “Consult” or “Consultation” means to provide: (a) To the party to be Consulted, notice of a matter to be decided in sufficient form and detail to allow that party to prepare its views on the matter; (b) A reasonable period of time in which the party to be Consulted may prepare its views on the matter, and an opportunity to present such views to the party obliged to Consult; and (c) Full and fair consideration by the party obliged to Consult of any views presented. 4 Swan River First Nation-2007 “Consulted Party” means the Party(s) to be Consulted. “Consulting Party” means the Party obliged to Consult. “Protocol” means this Agreement between Lakeshore First Nations and the Government of Alberta. “Parties” means the Government of Alberta and its representatives, and the Lakeshore First Nations and its representatives. PRINCIPLES: The Parties intend that Consultations between them will be meaningful and will enhance government-to-government relations between the parties as laid out in the Lakeshore First Nation Consultation Policy. Therefore: (a) The Parties will consult in a transparent, proactive, flexible, workable and effective manner, recognizing that the nature and scope of Consultation may vary from obligation to obligation or case to case. (b) The Parties will Consult in a mutually respectful manner, striving to demonstrate: (i) A shared understanding of the purpose of the Consultation; (ii) Clear communications between the Parties; (iii) Timeliness in initiating and responding to Consultations; (iv) An appreciation of the need for workable approaches and solutions. PROCEDURES: The Parties intend the following procedures to be followed for all Consultations except where, by prior mutual written agreement between them, the procedures may be modified to address specific circumstances. The Parties will ensure that their departments, agents and contractors carrying out Consultations on their behalf are aware of the understandings in this Protocol. Notification 1. The Consulting Party will initiate the Consultation process as soon as practicable and in any case, sufficiently before any decisions are made concerning the matter in question to ensure that the Consultations are meaningful and effective. 2. The Consulting Party will provide written notice of its intention to consult the Consulted Party, in the form of a written Notice of Consultation to be provided to the Consulted Party in the following manner: (a) The Notice of Consultation will be delivered personally or by courier; transmitted by fax; mailed by prepaid registered or certified post in Canada; or delivered by any other means agreed to by the Parties to the Consultation process. 5 Swan River First Nation-2007 (b) When the Alberta Government is to be Consulted, the Notice of Consultation will be addressed to the Assistant Deputy Minister, Aboriginal Affairs and Northern Development. (c) When the Lakeshore First Nations is to be Consulted, the Notice of Consultation will be addressed to the CRCC. (d) The Notice of Consultation will be considered to have been made and received: (i) If delivered personally or by courier, on the next business day after the day on which it was received by the addressee or a responsible representative of the addressee; (ii) If transmitted by fax and the sender receives confirmation of the transmission, on the business day next following the day on which it was transmitted; (iii) If mailed by prepaid registered or certified post in Canada, the business day next following the day on which the post office certifies that the mail was delivered; or (iv) If delivered by any other means agreed to by the Parties to the Consultation, on the business day next following the day on which the agreed means of delivery verifies the receipt. (e) A personally delivered, faxed or mailed Notice of Consultation will be made to the address or fax number that may be communicated from time to time by a Party to the Consultation.
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