1. Policy Statement
The Government of New Brunswick will consult with First Nations before an action or decision is taken that may adversely impact Aboriginal and treaty rights.
2. Policy Goal
The goal of the Policy is to facilitate and maintain mutually beneficial relationships between the Government of New Brunswick, First Nations and industry.
3. Objectives
The Policy will fulfill the following objectives:
a. To fulfill the Crown’s obligation to consult First Nations where aboriginal and treaty rights may be affected in accordance with the affirmation of aboriginal and treaty rights in the Constitution of Canada;
b. To balance constitutionally protected aboriginal and treaty rights with the Government of New Brunswick’s constitutional mandate to manage public lands and resources for the benefit of all New Brunswickers;
c. To provide meaningful opportunities for First Nations input into government decisions that may affect Aboriginal and treaty rights;
These objectives are designed to establish transparent and effective standards and procedures and provide greater certainty for government, industry and First Nations.
4. Guiding Principles
Integrity and Good Faith
The Government will approach consultation with an open mind and conduct itself with integrity during consultation, and deal in good faith with First Nations. During the decision-making process, the Government will listen and respond to First Nations concerns regarding potential impacts on Aboriginal and treaty rights.
Respect
Consultation will be undertaken in a spirit of mutual respect and trust.
Government’s Duty
The duty to consult on matters subject to provincial jurisdiction lies with the Government of New Brunswick. The Government retains final decision-making authority, and must ensure that the duty to consult has been fulfilled. First Nations do not have veto over decisions.
Reciprocal Responsibility
There is an equivalent responsibility on First Nations to participate in consultation with good faith. First Nations’ concerns regarding potential impact on Aboriginal and treaty rights should also be made known to Government and (or) its agents.
Transparency and Accountability
Consultation processes will be timely, accountable, transparent, and results oriented.
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