From Participant to Partner: Applying Indigenous Understandings of Treaties to Canada’s Environmental Impact Assessment Processes

Abstract

The following seeks to explore solutions forward amid increasing pressure to improve the quality of Indigenous involvement within environmental assessments (EAs). This paper describes the historical entanglements of resource development, colonialism, and limited recognition of Indigenous interests within EAs currently. It deconstructs the implications of the following: extractive methodologies habitually used within EAs; distinctions between Canadian and Indigenous legal systems; cultural variances in perceptions of power structures; and noticeable systemic issues within EA processes. Drawing from Indigenous understandings of treaties, this article brings forth some key considerations necessary to establishing meaningful Indigenous involvement during EAs. It positions treaties as a powerful, practical orientation towards envisioning a framework that utilizes practices which foster genuine collaboration and dialogue amongst all parties involved. To this end, this article contends with the importance of addressing gaps in quality of Indigenous involvement during EAs, particularly as calls for reconciliation and sustainable environmental decision-making continue.