Environmental assessment is a key element in resource development, and Indigenous Peoples whose traditional territory will be affected by an industrial project are legally entitled to be consulted as part of the process. In British Columbia, projects from the Galore Creek mine to the Trans Mountain pipeline expansion have all required Indigenous consultation, which is meant to ensure the legitimacy of the state's decision-making. Yet the purpose and outcomes have often been at odds. Process as Power draws on interviews and qualitative analysis of judicial decisions and environmental assessment reports to investigate the issue. The findings of the Supreme Court of Canada and the BC Court of Appeal on the duty to consult make clear that consultation is necessary to demonstrate state legitimacy in matters that affect Aboriginal rights. Yet Indigenous participants consistently consider BC's decisions illegitimate because the judiciary has merely layered consultation obligations onto existing processes without compelling collaborative forms of governance. As a result, the state can unilaterally decide the degree to which Indigenous perspectives are incorporated into decisions. In evaluating the flaws of the current system, Minh Thuy Do also considers innovative reforms to produce a robust environmental assessment process that meaningfully advances reconciliation and addresses the state's legitimacy deficits.
Process As Power : The Legitimacy of Indigenous Consultation in British Columbia Environmental Assessments