Towards a new supraregulatory approach to environmental assessment in Northern Canada

Galbraith, Lindsay; Bradshaw, Ben; Rutherford, Murray B.

doi:10.3152/146155107x190596

Cited by 74 publications

(59 citation statements)

References 28 publications

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“…The literature has charted best practices in Indigenous participation and critiqued past EA processes for not including many of these elements (Fitzpatrick and Sinclair, 2003). Despite the failures of many EA processes to engage in appropriate consultation with Indigenous communities, researchers and practitioners continue to point to them as a way for Indigenous communities to influence resource development (Stevenson, 1997;Gibson, 2006;Galbraith et al, 2007;Fidler, 2008;Gibson, 2008).…”

Section: Indigenous Participation In Easmentioning

confidence: 99%

“…IBAs influence EA processes and outcomes, particularly in regard to socioeconomic benefits. Based in contract law, IBAs have been termed a supraregulatory process since they have a regulatory function (often being used in conjunction with EAs) yet do not fall under legislation concerning environmental regulation (Galbraith et al, 2007). There is often a mutually influential relationship between IBA negotiations and EA processes since their content overlaps and since IBA negotiations may occur before, after, or concurrently with EA processes.…”

Section: Ibas and Employmentmentioning

confidence: 99%

“…There is often a mutually influential relationship between IBA negotiations and EA processes since their content overlaps and since IBA negotiations may occur before, after, or concurrently with EA processes. Several authors have suggested that IBAs supplement EAs, since they address many of the areas where EAs have failed Indigenous peoples, such as securing socioeconomic benefits, ensuring adequate follow-up, and treating Indigenous peoples as partners in development rather than as an interest group (Galbraith et al, 2007;O'Faircheallaigh, 2007). The notion of IBA-EA complementarity is extended further by Noble and Fidler (2011) who suggest that IBAs emerged as a result of the failings of EAs.…”

Section: Ibas and Employmentmentioning

confidence: 99%

“…The relationship between EAs and IBAs, however, is not well defined in the literature and is often case-specific. While some scholars have applauded IBAs as a mechanism to address weaknesses in the EA processes (Galbraith et al, 2007;O'Faircheallaigh, 2007;Noble and Fidler, 2011), others have problematized the use of IBAs as a regulatory mechanism arguing that IBA negotiations can lessen the effectiveness of EA processes and that power differences constrain the ability of communities to ensure that companies follow through on their IBA commitments (Fidler and Hitch, 2007;Caine and Krogman, 2010).…”

Section: Introductionmentioning

confidence: 99%

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Gendering Environmental Assessment: Women’s Participation and Employment Outcomes at Voisey’s Bay

Cox¹,

Mills²

2015

ARCTIC

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ABSTRACT. This paper examines the effect of Inuit and Innu women's participation in environmental assessment (EA) processes on EA recommendations, impact benefit agreement (IBA) negotiations, and women's employment experiences at Voisey's Bay Mine, Labrador. The literature on Indigenous participation in EAs has been critiqued for being overly process oriented and for neglecting to examine how power influences EA decision making. In this regard, two issues have emerged as critical to participation in EAs: how EA processes are influenced by other institutions that may help or hinder participation and whether EAs enable marginalized groups within Indigenous communities to influence development outcomes. To address these issues we examine the case of the Voisey's Bay Nickel Mine in Labrador, in which Indigenous women's groups made several collective submissions pertaining to employment throughout the EA process. We compare the submissions that Inuit and Innu women's groups made to the EA panel in the late 1990s to the final EA recommendations and then compare these recommendations to employment-related provisions in the IBA. Finally we compare IBA provisions to workers' perceptions of gender relations at the mine in 2010. Semi-structured interviews revealed that, notwithstanding the recommendations by women's groups concerning employment throughout the EA process, women working at the site experienced gendered employment barriers similar to those experienced by women in mining elsewhere. We suggest that the ineffective translation of EA submissions into EA regulations and the IBA, coupled with persistent masculinity within the mining industry, weakened the effect of women's requests for a comprehensive program to hire and train Indigenous women.Key words: EA; IBA; impact benefit agreement; resource development; women; Aboriginal; environmental assessment; employment RÉSUMÉ. Dans cet article, nous nous penchons sur la participation des femmes inuites et innues aux processus d'évaluations environnementales (EE) et sur l'effet de cette participation sur les recommandations des EE, les négociations relatives à l'entente sur les répercussions et les avantages (ERA) et les expériences de travail à la mine de la baie Voisey, au Labrador. La documentation portant sur la participation indigène aux EE fait l'objet de critiques, en ce sens qu'elle accorderait trop d'importance aux processus et pas suffisamment à l'examen de la manière dont le pouvoir influence les décisions prises dans le cadre des EE. Dans cette optique, deux questions critiques se posent par rapport à la participation aux EE : la manière dont les processus des EE sont influencés par d'autres institutions susceptibles de favoriser la participation ou de lui nuire, et à savoir si les EE permettent aux groupes marginalisés à l'intérieur des communautés indigènes d'influencer les résultats des projets d'exploitation. Pour approfondir ces questions, nous avons examiné le cas de la mine d'exploitation du nickel de la baie Voisey au Labrador, pour lequel des groupe...

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Section: Indigenous Participation In Easmentioning

confidence: 99%

Section: Ibas and Employmentmentioning

confidence: 99%

Section: Ibas and Employmentmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Gendering Environmental Assessment: Women’s Participation and Employment Outcomes at Voisey’s Bay

Cox¹,

Mills²

2015

ARCTIC

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“…134 This same argument is echoed in the work of O'Faircheallaigh, who argues that insufficiencies in Australian and Canadian impact assessment have led to private agreements. 135 In short, socio-economic problems are not resolved by formal participatory processes in co-management.…”

mentioning

confidence: 95%

Writing the Rules of Socio-Economic Impact Assessment: Adaptation Through Participation

Graben

2010

SSRN Journal

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New governance initiatives like co-management can be made effective through the use of agency rulemaking. Using the Mackenzie Valley Environmental Assessment Board as a case study, this paper affirms that it is possible for marginalized stakeholders to participate in new governance arrangements like co-management and to alter decision-making. The study of participation presented here illustrates: 1) that a high level of agency support for community participation in rule-making can lead to rules which reflect community values; and 2) that agency implementation of community values has led to the increased use of stakeholder collaboration through private agreement. Nonetheless, the paper also reveals that there are limitations on the ability to translate social needs into privately negotiated agreements. Where negotiations depart from highly commoditized terms and attempt to include diverse community values, stakeholder participation is bounded. Consequently, this paper questions the use of negotiated agreements to meet the goals of stakeholder participation, as conceived by deliberative democratic strands of new governance.

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2013

Impact Assessment

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Towards a new supraregulatory approach to environmental assessment in Northern Canada

Cited by 74 publications

References 28 publications

Gendering Environmental Assessment: Women’s Participation and Employment Outcomes at Voisey’s Bay

Gendering Environmental Assessment: Women’s Participation and Employment Outcomes at Voisey’s Bay

Writing the Rules of Socio-Economic Impact Assessment: Adaptation Through Participation

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