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[116] In late November of 2018, the MNA provided further input on the MCP in advance of the
draft going to Cabinet. An “Economic Impact Summary” presentation was also prepared by IR at
this time. In it, the implementation of the MCP was shown to have a “low to moderate” impact on
industry (energy sector) and an additional cost to the forestry sector of 0.2%. The presentation
noted that industry supported a Regional approach as long as, inter alia, there was “buy-in at the
local level” and single points of contact were known. In other words, a single point of contact was
to be identified in each of the proposed Regions for the purposes of consultation. [1215]
[117] On December 4, 2018, a Cabinet memorandum seeking approval of the MCP was drafted
by the IR Minister. [1218] He requested Cabinet approval of both the Standards and the MCP. The
IR Minister noted that the Standards, if approved, would form Alberta’s decision-making criteria
regarding who to approach under the MCP. He stated that while the Standards had been approved
in principle, there was a direction from Cabinet in July of 2018 to engage in further discussion
about the Standards to ensure they were practical and feasible. Accordingly, through IR’s
engagement with the MNA, minor amendments had been made to better align the Standards with
the MNA’s preference and existing policies. IR sought approval of the amended Standards.
[118] The memorandum also stated that fulsome engagement had occurred with industry,
municipal and Métis stakeholders, and that, on the whole, the Regional approach to consultation
was preferred “as long as the mechanism for consultation [was] clear and there [was] demonstrated
support from Métis organizations for a regional approach”.
[119] Finally, the Minister referred to the two appendices to the MCP that outlined the
mechanism for Regional consultation under the MCP. Appendix A was the Standards and
Appendix B was the “single point of contact parameters” which demonstrated “buy in” by Métis
organizations (the “Appendices”). The expected implementation date for the MCP was Fall of
2019, assuming approval by Cabinet.
[120] The December 4, 2018 Cabinet Report entitled “Executive Summary on the MCP
proposal” provided a history of the Standards and the development of the MCP. [1219] Following
a discussion of the “Powley-lite” standard, the Report stated that the MNA would be the only Métis
organization that would meet the Standards, thereby confirming the Regional approach to Métis
consultation. However, concern with the Regional approach was expressed; 6 Locals in Region 1
had already established relationships with project proponents, some of whom had long-term
negotiated agreements. In addition, Locals in several Regions were not supportive of Regional
consultation. The Regional Protocol Agreements were addressed, as were ongoing discussions
between the MNA and the concerned Locals. The Report stated that disputes within the MNA’s
governance structure were not Alberta’s responsibility to resolve, and that the MNA’s continued
discussion with Locals would be important to the MCP’s success.
[121] While the Report arguably advocated for Cabinet approval of a Regional approach to the
MCP, consistent with the position of the MNA, it is clear that not all affected groups were in
support of this approach. While the Regional approach was put forward as the preferred option,
alternate options, including choosing not to adopt a public-facing policy and consulting with Métis
organizations who could meet the Standards on a case-by-case basis, were also put forward. In her
email of November 23, 2018, the IR Assistant Deputy Minister noted the limited time left to