First Nations leaders say Sask. government's updated consultation policy is still problematic

The Saskatchewan government released a revised First Nation and Métis consultation policy framework on Friday.

It's the first time changes have been made to the Consultation Policy Framework (CPF) in 13 years — and some Indigenous leaders say the changes don't go far enough. 

"They're doing the same thing again and again and expecting different results," said New Democratic Party MLA Betty Nippi-Albright, who is the opposition critic for First Nations and Métis relations. She said the revised policy is driven by the government and not the community. 

"They decide when and if consultation is required. That is what this brand new, revised, updated, refreshed document states: that at the end of the day, it's the government that decides," she said. 

On Friday, Don McMorris, the minister responsible for First Nations, Métis and Northern Affairs, said the new framework is aimed at improving consultation with First Nations and Métis communities.

"The update includes an emphasis on relationship building and the important role of proponents in the consultation process," McMorris said.

The CPF sets out the government's commitment to fulfilling its legal duty to consult and accommodate First Nation and Métis communities in advance of decisions or actions that have the potential to adversely impact the exercise of:

The most significant changes to the framework target consultation timelines and consistency with pre-consultation assessments, McMorris said.

When a government action or decision triggers the duty to consult, officials consult with First Nation and Métis communities. But prior to that consultation, officials use an assessment tool to determine the level of consultation that is required. The tool was updated to improve clarity. 

Government officials will now have six calendar days to begin consultation once they receive a completed application from a proponent. Previously that process could have taken weeks.

The new framework also gives Indigenous leaders and councils up to 30 days to meet, review and respond to consultation notification letters. Under the old framework, they were given one to three months.

The policy revisions come into effect in January 2024. The government said it will take time to implement the changes and consider other concerns. 

That's why, effective immediately, Saskatchewan has put a two-year pause on all Ministry of Agriculture Crown land auction sales and lease auctions. During this time, First Nation communities can continue to buy agricultural Crown land under their treaty land entitlements and specific claims agreements.

McMorris said the revisions to the framework were informed by consultation with First Nation and Métis communities and industry associations. But the Federation of Sovereign Indigenous Nations (FSIN), an organization representing 74 First Nations in Saskatchewan, is calling the update uninformed.