Designing a Crown consultation program: Can Crown consultation be informed by participation theory?

摘要

The purpose of this MDP is to develop a Crown Aboriginal consultation design framework that will increase the likelihood of success for Aboriginal consultation programs. The framework is informed by participation theory and best practices, legal and judicial considerations, and Aboriginal perspectives. This body of work is recommended for federal and provincial departments who have a responsibility to consult Aboriginal peoples and who wish to design a consultation program guided by the above sources.; The approach to this research was a combination of literature review, interviews with Aboriginal people and professional experience. Information from Canadian case law provided the minimum standard for 'adequate' Crown consultation required by the courts. Information from participation theory provided concepts, ideas and models that could be applied to Crown consultation. Aboriginal perspectives, determined by both a review of literature and interviews, shed light on Aboriginal expectations of the Crown, cultural preferences for interactions with non-Aboriginals and ideas for meaningful consultation.; Key findings include (1) the need for the Crown to change its focus from its 'duty' to consult to one that sets a clear goal for consultation that goes beyond 'reconciling interests' (2) the need for collaborative techniques and (3) the need for Crown consultation to be evaluated through other means than the Canadian judiciary in measuring success. Key recommendations are (1) the establishment of a set of guiding principles that introduces consistency to Crown consultation efforts across various circumstances in the areas of process, content, and conduct and (2) the development of a Crown consultation design framework that is guided by the principles and contains steps for increasing the likelihood of success.; Key words. Crown consultation, Aboriginal consultation, public participation, participation theory, consultation framework, consultation principles, Aboriginal protocol, Aboriginal policy in Canada, resource development