Consultation

The Nova Scotia Office of Aboriginal Affairs coordinates the Province’s consultation process with the Mi'kmaq of Nova Scotia.

The documents below reflect the Government of Nova Scotia's commitment to a coordinated, meaningful consultation process with the Mi'kmaq of Nova Scotia:

  1. Consultation Terms of Reference
  2. Government of Nova Scotia Policy and Guidelines: Consultation with the Mi’kmaq of Nova Scotia
  3. Proponents' Guide: Engagement with the Mi'kmaq of Nova Scotia
  4. Canada – Nova Scotia Memorandum of Understanding on Cooperation Regarding Duty to Consult

Consultation Terms of Reference
On August 31, 2010, after a three-year pilot period, the thirteen Mi'kmaq communities through the Assembly of Nova Scotia Mi'kmaq Chiefs signed an historic agreement with the Governments of Canada and Nova Scotia. The Mi'kmaq-Nova Scotia-Canada Consultation Terms of Reference lays out a consultation process for the parties to follow when governments are making decisions that have the potential to adversely impact asserted Mi'kmaq Aboriginal and treaty rights. The Terms of Reference was developed under the 2002 Umbrella Agreement.

The Government of Nova Scotia Policy and Guidelines: Consultation with the Mi’kmaq of Nova Scotia
The Government of Nova Scotia Policy and Guidelines: Consultation with the Mi’kmaq of Nova Scotia reflects current Aboriginal law and consultation best practices, and outlines a consistent consultation process that respects the established and asserted rights of the Mi’kmaq of Nova Scotia. The Policy and Guidelines provide detailed direction to Nova Scotia government departments that may have a duty to consult with the Mi’kmaq of Nova Scotia. This document outlines why and when consultation may be required, and how to proceed with consultation. Key elements of the Policy include clear principles for consultation, the legal and policy considerations for consultation, the clarification of roles and responsibilities of all participants in consultation, and a full description of Nova Scotia’s six steps of consultation. In landmark decisions, the Supreme Court of Canada has ruled that provincial and federal governments have a duty to consult with Aboriginal peoples, and accommodate their interests, where appropriate, when contemplating conduct that may adversely impact established and asserted Aboriginal or treaty rights.

Proponents' Guide: Engagement with the Mi'kmaq of Nova Scotia
The Proponents' Guide: Engagement with the Mi'kmaq of Nova Scotia was released in June 2009 and updated in November 2012.This guide outlines how proponents can fulfill the important role they have in the consultation process with the Mi'kmaq of Nova Scotia. Although the courts have found that third parties have no legal duty to consult, governments delegate procedural aspects of consultation to third parties. This guide outlines those procedural aspects.

Canada – Nova Scotia Memorandum of Understanding on Cooperation Regarding Duty to Consult
In October 2012, the Province and Canada signed a Memorandum of Understanding (MOU) on Cooperation Regarding Duty to Consult.  This MOU, the first of its kind in the country, formalizes and strengthens the cooperative working relationship that has developed in the past several years between Nova Scoti and Canada regarding consultation with the Mi’kmaq.  The MOU outlines three areas of ongoing work: coordination of consultation; information sharing; and capacity building.