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
Bibliographic Data
| ID | 18986294 |
|---|---|
| Authors | Holly L Gardner, Holly Gardner (University of Waterloo, corresponding author), Denis Kirchhoff (University of Waterloo), Leonard J S Tsuji (University of Toronto), Leonard J Tsuji |
| Year | 2015 |
| Volume | 6 |
| Issue | 3 |
| Publication date | 2015-06-18 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Indigenous Policy Journal (JOURNAL) |
| Journal identifiers | ISSN: 1916-5781 • E-ISSN: 1916-5781 |
| Publisher | University of Western Ontario, Western Libraries (PUBLISHER) |
| DOI | 10.18584/iipj.2015.6.3.4 |
| OpenAlex | W948160498 |
| Language | EN |
| Citations received | 3 |
| References cited | 21 |
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
Duty · Environmental planning · Environmental resource management · Geography · Hydroelectricity · Indigenous · Political science · Project management · Timeline · Engineering · Environmental and Social Impact Assessments · Environmental Justice and Health Disparities · Environmental Science · Law · Mining and Resource Management · Ecology
Exploring the origins of ‘social license to operate’ in the mining sector
Indigenous land rights, entrepreneurship, and economic development in Canada
The controversy of transferring the Class Environmental Assessment process to northern Ontario, Canada
Reading between the lines of the ‘Responsible Resource Development’ rhetoric
In full retreat
The Far North Act (2010) Consultative Process
The Streamlining of the Kabinakagami River Hydroelectric Project Environmental Assessment
The Canadian Environmental Assessment Act, 2012 and Associated Policy
An Aboriginal Perspective on the Remediation of Mid-Canada Radar Line Sites in the Subarctic
Environmental and social impacts of large scale hydroelectric development
Corporate/indigenous partnerships in economic development
The Canadian Human Rights Tribunal on First Nations Child Welfare
Revisiting the Duty to Consult Aboriginal Peoples
| Citations per year | 0.27 |
|---|---|
| Citation span | 2015 - 2022 (8) |
| Highly cited | No |