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Other Aboriginal Interests in LabradorApart from the Labrador Inuit and LabradorInnu, other important Aboriginal interests inLabrador include the Aboriginal personsrepresented by NunatuKavut CommunityCouncil Inc. and various Québec-basedInnu groups asserting rights in the province.The Aboriginal persons represented byNunatuKavut Community Council Inc. haveset out the basis for their claim in a detaileddocumented titled “Unveiling NunatuKavut”.While this claim has not been finallyaccepted for negotiation by the federal orprovincial governments, the Newfoundlandand Labrador Court of Appeal haspreviously recognized a Crown duty toconsult its predecessor, the Labrador MétisNation, and it has been an active litigant inrecent years.Similarly, while the Québec-based Innugroups’ claims have not been accepted fornegotiation by government, some of thesegroups have been active litigants in recentyears, and some project proponents inWestern Labrador have negotiatedagreements with them.For more information on Labrador, pleasesee Chapter 17.Aboriginal Consultation PoliciesIn April 2013, the Government ofNewfoundland and Labrador released its“Aboriginal Consultation Policy on Land andResource Development Decisions” (the“Policy”). The Policy is the product ofconsultations with Aboriginal groups,industry stakeholders and the public and iswidely seen as a result of consultationclaims arising from the Labrador Troughmining projects and the Lower ChurchillHydro Project.The Policy applies broadly to all “land andresource development decisions that havethe potential to adversely impact assertedAboriginal rights or asserted treaty rights”.Its objective is for decisions to “minimize or,where reasonably practicable, eliminateadverse impacts on asserted rights”.The Policy applies to those Aboriginalgroups that have asserted claims inLabrador that have not been recognized oraccepted for negotiation. Such groupsinclude the NunatuKavut CommunityCouncil, the Québec-based Naskapi Nationof Kawachikamach and the communities ofMatimekush-Lac John, Uashat Mak Mani-Utenam, Ekuanitshit, Nutakuan, UnamenShipu and Pakua Shipi (all of whom arespecifically named in the Policy).Under the Policy, key expectations forproponents include: discussing potentialadverse impacts with key members ofAboriginal group(s); considering how tomitigate or eliminate impacts, in light of theobligation to “make reasonable efforts” to doso; and entering dialogue with Aboriginalgroups to address project-specificopportunities, with the goal of achieving “apositive, sustainable, mutually beneficialoutcome”.For Aboriginal groups, key expectationsinclude: to outline specific rights/interestsbeing affected; to respond to requests forinput promptly; to share traditional land-useinformation; and to work with thegovernment and proponents “to findsolutions or constructive approaches” toaddress concerns raised.Aboriginal Law 155

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