Free, Prior and Informed Consent Resource Unit
Advancing Nation-Led Decision-Making
The SKY Nations Free, Prior and Informed Consent Resource Unit supports the 11 member Nations of Sovereign Keewatin Yahthi Nations Grand Council in protecting and exercising their inherent, Aboriginal, and Treaty rights.
The Unit provides information, coordination, research, and technical support when governments, regulators, industry proponents, or other organizations propose laws, policies, projects, or activities that may affect SKY Nations’ citizens, rights, lands, waters, resources, cultures, sacred places, or ways of life.
The Unit’s work is guided by the United Nations Declaration on the Rights of Indigenous Peoples, the SKY Nations Declaration, the SKY Nations FPIC Law, and the consultation laws, protocols, and decision-making processes of each member Nation.
What Is Free, Prior and Informed Consent?
Free, Prior and Informed Consent—commonly known as FPIC—is an internationally recognized standard that affirms the right of Indigenous Peoples to participate in decisions affecting them and to determine their own priorities for their lands, territories, resources, governments, citizens, and future generations.
Free
Engagement and decision-making must occur without coercion, intimidation, manipulation, pressure, retaliation, or predetermined outcomes. Nations must be able to participate according to their own laws, customs, protocols, and governance processes.
Prior
Engagement must begin at the earliest stages of planning and before decisions, approvals, permits, funding commitments, construction, or other irreversible actions occur. Nations must be given sufficient time to review information, engage their citizens, obtain advice, and make informed decisions.
Informed
Nations must receive complete, accurate, accessible, and understandable information about a proposed activity, including:
- Its nature, size, location, purpose, and duration;
- Potential environmental, social, cultural, health, legal, and economic effects;
- Short-term, long-term, and cumulative impacts;
- Potential risks to Treaty and Aboriginal rights;
- Available alternatives;
- Proposed mitigation and accommodation measures;
- Monitoring and enforcement plans; and
- Potential benefits, revenues, employment, procurement, and ownership opportunities.
Information must be provided in a form that citizens and leadership can understand and evaluate.
Consent
Consent is an ongoing process based on respectful relationships, informed discussion, and the recognition of each Nation’s authority to make decisions through its own laws, leadership, institutions, and community processes.
Consent cannot be assumed from attendance at a meeting, participation in a discussion, silence, the receipt of funding, or the absence of an immediate objection. Consent must be clearly communicated by the authorized decision-makers of the affected Nation.
Purpose of the FPIC Resource Unit
The FPIC Resource Unit works to:
- Advance recognition and implementation of FPIC;
- Strengthen Nation-led consultation and decision-making;
- Help member Nations understand proposed projects, policies, and decisions;
- Support the development and implementation of Nation-specific FPIC laws and consultation protocols;
- Coordinate access to legal, environmental, technical, cultural, and policy expertise;
- Support leadership and community engagement;
- Promote early and meaningful dialogue with governments and proponents;
- Assist Nations in identifying potential impacts, benefits, risks, and accommodation measures;
- Support the documentation of land use, traditional knowledge, cultural values, and community priorities;
- Monitor consultation commitments, agreements, and conditions; and
- Build long-term capacity within the 11 SKY Nations.
Services and Support
At the direction of a member Nation, the Unit may assist with:
- Reviewing consultation notices, project descriptions, permits, policies, and proposed legislation;
- Preparing plain-language summaries and briefing materials;
- Coordinating leadership meetings, community information sessions, and technical presentations;
- Identifying information gaps and requesting additional studies or documentation;
- Arranging independent legal, environmental, engineering, economic, or cultural reviews;
- Developing consultation work plans, budgets, and timelines;
- Preparing correspondence, information requests, and formal responses;
- Supporting negotiations concerning accommodation, benefits, ownership, monitoring, or project conditions;
- Recording concerns, recommendations, decisions, and commitments;
- Monitoring compliance with agreements and consultation outcomes; and
- Providing FPIC education and capacity-building resources for leadership, staff, citizens, governments, and proponents.
Expectations for Governments and Proponents
Governments, regulators, and proponents are expected to:
- Begin engagement as early as possible;
- Contact SKY Nations and potentially affected member Nations before important decisions are made;
- Respect the laws, protocols, timelines, and decision-making authority of each Nation;
- Provide complete and understandable project information;
- Disclose known risks, uncertainties, alternatives, and cumulative effects;
- Provide adequate funding for community participation and independent professional advice;
- Respond meaningfully to concerns and recommendations;
- Modify proposals when required to prevent or reduce adverse impacts;
- Negotiate appropriate accommodation and benefit measures;
- Document commitments and ensure they are enforceable;
- Maintain communication throughout the life of a project; and
- Respect a Nation’s final decision.
Engagement with SKY Nations does not eliminate the requirement to consult directly with affected member Nations.
Services and Support
At the direction of a member Nation, the Unit may assist with:
- Reviewing consultation notices, project descriptions, permits, policies, and proposed legislation;
- Preparing plain-language summaries and briefing materials;
- Coordinating leadership meetings, community information sessions, and technical presentations;
- Identifying information gaps and requesting additional studies or documentation;
- Arranging independent legal, environmental, engineering, economic, or cultural reviews;
- Developing consultation work plans, budgets, and timelines;
- Preparing correspondence, information requests, and formal responses;
- Supporting negotiations concerning accommodation, benefits, ownership, monitoring, or project conditions;
- Recording concerns, recommendations, decisions, and commitments;
- Monitoring compliance with agreements and consultation outcomes; and
- Providing FPIC education and capacity-building resources for leadership, staff, citizens, governments, and proponents.
The Authority of Each SKY Nation
The FPIC Resource Unit is a source of coordination and support. It does not replace or speak over the authority of any SKY Nation.
Each member Nation retains its inherent jurisdiction and the right to:
- Determine how and when it will participate;
- Establish its own consultation and decision-making requirements;
- Identify its own representatives and advisors;
- Request additional information, time, resources, or studies;
- Protect confidential or culturally sensitive knowledge;
- Establish conditions for accessing its lands and traditional territories;
- Seek accommodation for potential impacts;
- Withhold consent where its rights, lands, waters, citizens, or future generations may be harmed; and
- Make its own final decisions.
Nothing coordinated by the Unit shall be interpreted as a surrender, waiver, limitation, or extinguishment of Aboriginal, Treaty, inherent, or other rights.
Participation in meetings, correspondence, technical reviews, or negotiations does not mean that consultation has been completed or that consent has been provided.
Protecting Indigenous Knowledge and Data
Traditional knowledge, land-use information, cultural information, maps, oral histories, and community data remain under the ownership and control of the Nation that provides them.
Information will not be collected, used, stored, shared, or published without appropriate authorization. Confidential, sacred, personal, or culturally sensitive information must be protected according to the direction, laws, and protocols of the affected Nation.
Request Support or Begin Engagement
Member Nations may contact the FPIC Resource Unit for assistance with a consultation matter, proposed project, government initiative, policy review, or community information session.
Governments, regulators, proponents, and other organizations seeking engagement should provide:
- The name and contact information of the responsible representative;
- A clear description of the proposed project, policy, or decision;
- Maps identifying the location and potentially affected area;
- Relevant applications, studies, reports, and assessments;
- Proposed engagement and decision-making timelines;
- Known and potential impacts;
- Information about previous engagement;
- Proposed mitigation and accommodation measures; and
- Confirmation of available capacity funding.
Lena Joseph, Governance Advisor
Email: ljoseph@ktc.ca
Office: 431-222-3059 Ext 8019
Toll Free: 1-800-665-6212
Please include “FPIC Engagement Request” and the name of the proposed initiative in the subject line.
11 Nations, One United Voice.
Through the FPIC Resource Unit, SKY Nations works to ensure that development and government decision-making affecting Northern Manitoba are based on respect, transparency, accountability, meaningful participation, and recognition of the rights and authority of the 11 SKY Nations.
Nothing about us, our lands, or our future without us.
11 Nations.
One United Voice.
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