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Duty to Consult

As I understand it, the Federal Government has a duty to consult with Indigenous people regarding activities on Indigenous land. The Government of Canada has passed that responsibility to the provinces, which in turn pass that responsibility on to the proponent.

In Alberta, the Government of Alberta is often the proponent. So, with this MoU the Government of Canada is deferring its' duty to consult to the proponent that has determined the rules for consultation and then also gets to determine if the consultation is adequate or not. That is unacceptable.

Unfortunately, both the Government of Canada and the Government of Alberta believe that somehow this process will uphold the honour of the crown.

This MoU between the GoC and the GoA is unacceptable to the First Nation I work with.

Climate and Energy Policy and the MOU - Jeanette Leitch

The MOU appears to set the course for climate and energy policy for the whole country. Yet it has little to say about impacts in jurisdictions outside of Alberta or direct Federal control.Only one paragraph appears to recognise that impacts on other provinces: Article 10 entitled “Application of this agreement” states at point (4) “Should a proposed project be located on or cross a boundary with another province or territory with a portion of the project located within Alberta, the Parties would seek to apply the principles and approaches contained herein in co-operation with the other province or territory.”Likewise although…

Director/owner MERS consulting

Key comments include:1. The draft Alberta-Canada Agreement ("draft agreement") seeks to give substantially more powers to the Alberta Regulator to assess impacts in areas of federal jurisdiction. It is not clear to me that giving up powers to the Alberta Regulator is responsible in all cases or even necessary to have an efficient environmental assessment process. For example, to date, Fisheries and Oceans Canada (DFO) have been the main regulatory entity overseeing impacts to fish and fish habitat in Canada under the federal Fisheries Act. Alberta has jurisdiction of the resources but DFO has regulated industrial impacts that result in…

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