ABORIGINAL PARTICIPATION IN ENVIRONMENTAL ASSESSMENTS FOR NATURAL RESOURCE DEVELOPMENT

Abstract

Aboriginal participation is a key component of environmental assessment (EA), and is recognized in various policy processes concerning natural resources development across Canada. Despite the recognition of the participation of Aboriginal peoples as foundational to effective EA, there are long-standing concerns about the limited influence of Aboriginal communities on decisions about developments on their traditional lands. The recent push for more effective and meaningful Aboriginal engagement in development decisions arises, in part, from increased industry and regulatory demand for the streamlining of EA to achieve a more efficient and timely EA process. Notwithstanding the increasing scholarly and policy literature on Aboriginal participation in EA, little research exists on viable solutions to advance meaningful Aboriginal participation in EA whilst maintaining a degree of process efficiency to support timely EA decisions about resource development. This thesis draws on the experiences from industry, government and Aboriginal communities involved in EA for mineral resource development in northwest Saskatchewan, Canada and case studies in international EA practices, to advance the effectiveness of Aboriginal participation in EA. Effectiveness is defined as participation that is both meaningful to those affected and efficient for those seeking development approvals.

The research methodology includes the review of scholarly and policy research, several legal and EA case reviews and semi-structured interviews. First, this thesis examined the evolution of participation in EA in Canada, and the extent to which scholarly research has contributed to solutions for meaningful Aboriginal participation amidst increasing demands for a regulatory process that is more efficient and with shorter timelines for participation and decision-making. Second, attention is focused on the underlying practice-based challenges to meaningful and efficient Aboriginal participation in EA, explored through semi-structured interviews and a case study of EA in northwest Saskatchewan, and adopting a policy community model. Third, drawing on the international literature, case experience, and lessons from northwest Saskatchewan, reforms and enhancements to the current EA system are proposed to help ensure meaningful and efficient participation of Aboriginal peoples in EA processes. The thesis concludes with a discussion of the main findings, addresses specific recommendations to advance Aboriginal participation in EA for uranium development in northwest Saskatchewan, and identifies opportunities for future policy and scholarly research. Results of this research indicate that many of the challenges are multi-dimensional, and of considerable concern to both meaningful and efficient Aboriginal participation in EA. Understanding the nature of these underlying challenges requires increasing attention to the needs, expectations, roles and responsibilities of key actors engaged in the EA policy community, and exploring the much needed institutional and process reforms are critical to advancing meaningful Aboriginal participation in EA without compromising timely decisions for development proponents.