In consultations involving Indigenous groups, businesses and governments, it is sometimes difficult to establish who is the decisionmaker for the Indigenous community. The need for companies and governments to ensure that the entity claiming to represent the Indigenous community has the legal authority to do so was emphasized during the April Indigenous Law Insights webinar, presented by partner Sean Sutherland and articling student Lisa Manners.
The best way to verify this legal authority is to review the Band Council resolution. It is also important to understand the scope of the representation. A Band Council may seek to represent an Indigenous community for certain purposes while another entity may provide representation for other purposes. 'Opting in' and 'Opting out' can also occur throughout the consultation process. Collective representation can expand at times and it can also detract. Understanding when groups are represented by the community – and when they are not – is essential.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
