Mississaugas of the New Credit First Nations: Consultation Protocol Agreement

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Consultation Protocol Agreement

Between

Mississaugas of the New Credit First Nation
("MNCFN")

And

Her Majesty the Queen in Right of Canada
as represented by the Minister of Indian Affairs and Northern Development Canada
("Canada")

(collectively the "Parties" or individually a "Party")

Whereas MNCFN are the direct descendants of the Mississaugas of the Credit River, whose ancestors have used and benefited from the land and waters of their Territory for countless generations;

Whereas MNCFN have entered into a number of treaties with Canada between 1781 and 1820 with respect to areas within MNCFN traditional territory;

Whereas MNCFN asserts unextinguished Aboriginal rights, including Aboriginal title to the waters, beds of waters, and foreshore in its Territory, and Aboriginal title to the Rouge River Valley (collectively the "Aboriginal Title Claims");

Whereas MNCFN has submitted to Canada and Ontario the Aboriginal Title Claims for the negotiation of an agreement reconciling their Aboriginal Title Claims with the Crown;

Whereas a federal duty to consult may arise in relation to a proposed federal activity or decision that may have an adverse impact on the treaty rights or the Aboriginal rights including title claims of the MNCFN;

Whereas the Parties acknowledge that Canada's duty to consult is grounded in the honour of the Crown and that the fundamental goal of consultation is reconciliation between the Parties;

Whereas the Parties acknowledge that a federal duty to consult and, where appropriate, accommodate, in relation to a proposed federal activity or decision will be informed by the historical context, including any cumulative effects, and the present realities;

Whereas, for MNCFN this context includes the heavy urbanization and industrialization of MNCFN's Territory and the increasing and ongoing pressures and strains of cumulative development activities and decisions on the land and waters in MNCFN's Territory;

Whereas MNCFN has established the Department of Consultation and Accommodation ("DOCA") to engage with Canada, Ontario, and others in consultation and accommodation discussions on its behalf;

Whereas the Parties entered into discussions and signed a Memorandum of Understanding, Recognition of Indigenous Rights and Self-Determination Table on June 9, 2017, acknowledging the need for reconciliation and a renewed relationship between them;

And whereas further to those discussions the Parties wish to set out a process by which consultation and accommodation will be undertaken between them as part of this renewed relationship and based on a recognition of rights, respect, and in a spirit of partnership.

Now therefore the Parties have reached agreement on the process for undertaking consultation and accommodation discussions (the "Consultation Protocol"):

1. Purpose

2. Canada's Participation

3. Notice of Projects

4. Consultation Process

Consultations regarding Aboriginal Title Claims

  • 4.8. The Parties agree that any Projects that have the potential to impact MNCFN's Aboriginal Title Claims are High Concern Projects.
  • 4.9. The Parties agree that, given the unique considerations that are involved in consultation over MNCFN's Aboriginal Title Claims, where requested by MNCFN, Canada will participate in consultation processes when impacts may result to MNCFN's asserted title rights, claims, and interests even where consultation or engagement is being undertaken primarily by a proponent or third party.

5. Elements for a Successful Resolution

6. Resolution

7. General

8. Funding provided by Canada

9. Confidentiality

10. Parties May Proceed Without Prejudice

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This Agreement is signed and agreed to by the Parties on the dates set out below.

Mississaugas of the New Credit First Nation
Per:

________________________________
R. Stacey Laforme
Chief, Mississaugas of the New Credit First Nation

Date:__________________________

Her Majesty the Queen in Right of Canada
Per:

________________________________
Carolyn Bennett
Minister of Indian Affairs and Northern Development

Date:__________________________

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