Consultation with First Nations is a legal, necessary and important aspect of doing business with First Nations and working on First Nation lands.
The duty to consult has roots in the federal government and is tied to Canada’s Constitution Act. Thus, any projects or business activities conducted in the traditional area of Liard First Nation subject to federal regulatory project approvals, licensing and authorization of permits, operational decisions, policy development, negotiations and so on, trigger the duty to consult with Liard First Nation before proceeding.
The Kaska governments or Kaska Rights Holders who make up the Kaska Nation are geographically unique within the Kaska traditional territory. But the Kaska Nation itself is approached similarly when crown consultation under the different governmental jurisdictions is required. As a result of being a borderless nation and encompassing different governmental jurisdictions, the crowns duty to consult with the Kaska Nation, when a potential infringement on Kaska aboriginal rights and title occurs, results in a consultation notification going out to each Kaska Government or Kaska Rights Holder.
Every Crown Consultation or Referral is the Government (Feds/ NWT/ Yukon/ & B.C ) asking each Kaska Rights Holder “how will this proposed activity impact your citizens use and enjoyment of Kaska aboriginal rights and title.”
Because of the crowns duty to consult, Liard First Nation as a Kaska Rights Holder needs to have a critical level of understanding of each government’s different regulations/ legislations/ acts/ and processes as it relates to Crown consultation.
Understanding how the Crown is approaching consultations with the Kaska, LFNs lands department engages on every consultation with the objective of safeguarding that Kaska Rights and Title are respect, protect, and remain meaningful over time. This approach taken by LFN is consistent with Consultation case law, and with how the Crown approaches the Kaska Nation.
Please contact the Executive Council Office of Liard First Nation for further information regarding initiating engagement and consultation programs with leadership and the LFN community:
Executive Council Office