Process as Power: The Legitimacy of Indigenous Consultation in British Columbia Environmental Assess

Uncovers the failure of British Columbia to reach true collaborative governance with Indigenous Peoples through the environmental assessment process.

In British Columbia, major resource development projects require environmental assessment, and Indigenous Peoples whose lands will be affected are legally entitled to consultation. Yet, as projects from the Galore Creek mine to the Trans Mountain pipeline expansion illustrate, the purpose and outcomes of these consultations often diverge.

In Process as Power, Minh Thuy Do draws on interviews, judicial decisions, and environmental assessment reports to explore the dynamics of Indigenous consultation. Courts, including the Supreme Court of Canada and the British Columbia Court of Appeal, have emphasized consultation as a means of demonstrating state legitimacy in matters affecting Aboriginal rights. However, Indigenous participants frequently view these processes as illegitimate, as the state largely controls how Indigenous perspectives are incorporated into project decisions.

Do evaluates the flaws of the current system and proposes reforms to create a more robust environmental assessment process--one that meaningfully advances reconciliation and addresses deficits in state legitimacy, offering a crucial contribution to debates on resource development, Indigenous rights, and governance in Canada.