Several treaty organizations have set down in formal language the protocol through which they wish to be approached with regard to development activities. Brief excerpts from two are presented here. Visit http://www.gct3.net/ and http://www.nan.on.ca/, respectively, for more.
From the Grand Council of Treaty 3 (see map of treaty organizations in Ontario. Also visit http://www.aboriginalaffairs.gov.on.ca/english/services/firstnations.asp for a map of Ontario’s individual First Nations):
The name of this Law is Manito Aki Inakonigaawin.
... The Anishinaabe law of respect requires those who may affect the environment of Treaty #3 territory or the exercise of rights of the Anishinaabe to consult with the Nation; and
Lawful means are required to consult with and obtain written consent of the Nation, subject to conditions for conserving the environment within Treaty #3 territory and protecting the exercise of rights of the Anishinaabe;
... “Development” includes the construction, operation, alteration, and decommissioning of any building, structure or work within Treaty #3 territory, which may affect the environment within Treaty #3 territory or the exercise of rights of the Anishinaabe;
“Environment” means the entire environment of the Anishinaabe as it affects them and the exercise of their rights and responsibilities, and includes the spiritual, social, physical, ecological and economic environment; ...
Responsibility of proponents
3. The proponents of a development have a responsibility to consult with and seek the consent of the Nation in a timely manner.
Objectives of consultation
... 6. The proponents of a proposed development should initiate consultation before preparing engineering or construction plans for the development. ...
From A Handbook on Consultation in Natural Resource Development, by the Nishnawbe Aski Nation (Treaties 5 and 9)
Before any project, license, permit, activity, etc. is commenced or approved, the government responsible for the proposed project must inform any potentially affected First Nation(s) and the Nishnawbe Aski Nation of the proposed activity.
First Nations who are not prepared for this process will not be able to participate meaningfully.
Step 2 (Notice)
• The affected First Nation(s) shall respond to the initial notice indicating whether the proposal potentially impacts or infringes on Aboriginal and Treaty Rights.
• If there is a potential impact or infringement, then the First Nation requests further information and time to analyze the information. The First Nation will also need time and resources to retain needed expertise to conduct its analysis.
• It is inappropriate for the party issuing the initial information to place time limits on a response from the First Nation, particularly where a lack of capacity exists. ...