The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community?
There is existing tension within many Aboriginal communities between economic development and preservation of traditional lands for the continued practice of traditional activities. The "duty to consult" doctrine has has become an important mechanism by which these concerns were identified...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
University of Western Ontario
2015-06-01
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| Series: | International Indigenous Policy Journal |
| Subjects: | |
| Online Access: | http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1204&context=iipj |
| _version_ | 1818281766547357696 |
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| author | Holly L. Gardner Denis Kirchhoff Leonard J. Tsuji |
| author_facet | Holly L. Gardner Denis Kirchhoff Leonard J. Tsuji |
| author_sort | Holly L. Gardner |
| collection | DOAJ |
| description | There is existing tension within many Aboriginal communities between economic development and preservation of traditional lands for the continued practice of traditional activities. The "duty to consult" doctrine has has become an important mechanism by which these concerns were identified and addressed (when possible) prior to development. This is a legal requirement that is rooted in the Constitution Act (1982) and subsequent legal case law that has further defined and outlined requirements under this obligation. This article describes the process that was carried out to advance the proposed Kabinakagami River Hydro Project Class Environmental Assessment in Northern Ontario, Canada with an emphasis on the approach to Aboriginal consultation. This project is unique because the co-proponent of the project is an Aboriginal community, with several neighbouring Aboriginal communities potentially affected by the project. This project raises questions about the approach to carrying out the duty to consult in an effective way. An evaluative framework was developed to examine timeline, information, means, and flexibility and transparency of the process to highlight shortcomings in the process and make recommendations for improvement. |
| first_indexed | 2024-12-13T00:10:20Z |
| format | Article |
| id | doaj.art-4129d6b6ff564648b5b187602922be36 |
| institution | Directory Open Access Journal |
| issn | 1916-5781 1916-5781 |
| language | English |
| last_indexed | 2024-12-13T00:10:20Z |
| publishDate | 2015-06-01 |
| publisher | University of Western Ontario |
| record_format | Article |
| series | International Indigenous Policy Journal |
| spelling | doaj.art-4129d6b6ff564648b5b187602922be362022-12-22T00:05:59ZengUniversity of Western OntarioInternational Indigenous Policy Journal1916-57811916-57812015-06-01634The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community?Holly L. Gardner0Denis Kirchhoff1Leonard J. Tsuji2University of WaterlooUniversity of WaterlooUniversity of TorontoThere is existing tension within many Aboriginal communities between economic development and preservation of traditional lands for the continued practice of traditional activities. The "duty to consult" doctrine has has become an important mechanism by which these concerns were identified and addressed (when possible) prior to development. This is a legal requirement that is rooted in the Constitution Act (1982) and subsequent legal case law that has further defined and outlined requirements under this obligation. This article describes the process that was carried out to advance the proposed Kabinakagami River Hydro Project Class Environmental Assessment in Northern Ontario, Canada with an emphasis on the approach to Aboriginal consultation. This project is unique because the co-proponent of the project is an Aboriginal community, with several neighbouring Aboriginal communities potentially affected by the project. This project raises questions about the approach to carrying out the duty to consult in an effective way. An evaluative framework was developed to examine timeline, information, means, and flexibility and transparency of the process to highlight shortcomings in the process and make recommendations for improvement.http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1204&context=iipjenvironmental assessmentAboriginalduty to consultinfrastructurehydroelectricCanadaremote communities |
| spellingShingle | Holly L. Gardner Denis Kirchhoff Leonard J. Tsuji The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community? International Indigenous Policy Journal environmental assessment Aboriginal duty to consult infrastructure hydroelectric Canada remote communities |
| title | The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community? |
| title_full | The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community? |
| title_fullStr | The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community? |
| title_full_unstemmed | The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community? |
| title_short | The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment: What is the "Duty to Consult" with Other Impacted Aboriginal Communities When the Co-Proponent of the Project is an Aboriginal Community? |
| title_sort | streamlining of the kabinakagami river hydroelectric project environmental assessment what is the duty to consult with other impacted aboriginal communities when the co proponent of the project is an aboriginal community |
| topic | environmental assessment Aboriginal duty to consult infrastructure hydroelectric Canada remote communities |
| url | http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1204&context=iipj |
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