A/HRC/27/52/Add.2 the imprisonment of community leaders for mounting a blockade to protect their lands; and subsequent deals to withdraw KI lands from prospecting and mining development without consultation with the KI Nation • The clean-up, remediation and compensation process for six bitumen oil spills resulting from steam injection extraction in Cold Lake First Nation traditional territory, a remediation process that has included draining a lake • Two proposed hydroelectric dams affecting the Pimicikamak Nation, despite implementation failures of the Northern Flood Agreement that was intended to mitigate the effects of the last hydroelectric dam that flooded and eroded their lands • The reopening of a Hudbay nickel/gold mine in Mathias Columb First Nation traditional territory without consultation with, the consent of, or a benefits-sharing agreement with that nation • The construction of the Fairford and Portage Diversion water-control structures, and the lack of imminent flood protection, flooding and relocation of the Lake St. Martin First Nation in 2011 • Approval of the construction of the Jumbo Glacier Resort in an unceded area of spiritual significance to the Ktunaxa Nation • Authorization of forestry operations in Mitchikanibikok Inik traditional territory (Algonquins of Barriere Lake) • Setting the percentage of the salmon fishery allocated to aboriginal uses (social and commercial) without consultation with affected First Nations • Seismic testing for natural gas “fracking” extraction in Elsipogtog First Nation traditional territory. 74. Since natural resources on public lands are owned and regulated by provincial governments, while “Indians and lands reserved for Indians” are a federal jurisdiction, Canada’s duty to consult and, when appropriate, accommodate indigenous peoples with rights and interests over lands where development is proposed implicates both orders of government. As a practical matter, however, it appears that resource companies themselves organize the consultations, where they occur. The federal Government has acknowledged that it lacks a consistent consultation protocol or policy to provide guidance to provinces and companies concerning the level of consultation and forms of accommodation required by the constitutional duty to consult. 75. There are some positive developments around the duty to consult, primarily at the provincial level. In Ontario, the negotiation of community-specific impact and benefit agreements with resource companies is becoming common and expected by indigenous communities. Ontario has also amended its Mining Act and Green Energy Act to require increased consultation and accommodation to protect aboriginal rights, and notice prior to any mineral claim staking. Manitoba has created a Crown-Aboriginal Consultation Participation Fund to facilitate aboriginal participation in consultations, and is treating its Interim Provincial Policy and Guidelines for Crown Consultations as a work in progress pending further feedback and dialogue with aboriginal nations. In Nova Scotia, indigenous nations have worked with the provincial and federal governments to develop terms of reference for consultations. The federal Government is also working with a number of provinces on framework agreements or memorandums to improve the clarity and consistency of consultation processes. 76. However, the indigenous representative with whom the Special Rapporteur met expressed concern that, generally speaking, provincial governments did not engage with the duty to consult until development proposals had largely taken shape. When consultation 19