Consultation And Engagement With Indigenous Peoples During COVID-19

COVID-19 is affecting how the Crown and proponents consult and engage with Indigenous peoples. Like many governments and organizations, Indigenous communities are taking actions to address COVID-19, including by closing offices and redirecting resources to help manage the community's response to the pandemic.

In this blog, we outline the measures taken by the governments of British Columbia and Alberta, who have issued guidance on consulting during the COVID-19 pandemic. The guidance documents are primarily directed toward government decision-makers, but are informative for proponents.

The Crown's Duty to Consult Continues During COVID-19

The Crown continues to have a duty to consult Indigenous peoples when a potential Indigenous or Treaty right may be adversely affected by Crown conduct regardless of any challenges caused by COVID-19, including limitations around the parties' ability to physically meet. Both the Crown and proponents must adapt