CONSULTATION WITH ABORIGINAL PEOPLES: THE CANADIAN APPROACH

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2011)
CHAPTER 2B
CONSULTATION WITH ABORIGINAL PEOPLES: THE CANADIAN APPROACH
H. Maura Lendon
HudBay Minerals Inc.
Senlor Vice President, Corporate Services and Chief Legal Officer
Toronto

H. MAURA LENDON is Senior Vice President, Corporate Services and Chief Legal Officer for HudBay Minerals, Inc. (TSX:HBM, NYSE:HBM), a Canadian integrated mining company with assets in North and Central America principally focused on the discovery, production and marketing of metals. She is also HudBay's Corporate Secretary. Maura has extensive experience with international business, regulatory compliance, corporate governance, executive compensation and advocacy. She has also served as a director on not-for-profit organizations benefitting children and the environment. Before joining HudBay, Maura was Chief Counsel - Canada for AT&T.

ILO 169 - Duty to Consult

Canada - Aboriginal Rights

• Consultation rooted in Constitutional Imperative

• Section 35 of the Canadian Constitution Act, 1982 provides:

— 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

— (2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Metis peoples of Canada.

• Duty to consult evolved through case law since 2003

Duty To Consult And Accommodate

• When the Crown (Government):

-has...