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Re-Scaling Governance: First Nations and the Challenge of Shale Gas Development in British Columbia

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Re-Scaling Governance: First Nations and the Challenge of Shale Gas Development in British Columbia Re-scaling Governance: First Nations and the Challenge of Shale Gas Development in British Columbia by Mathew Murray B.Sc., University of Victoria, 2009 A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS in the School of Environmental Studies © Mathew Murray, 2015 University of Victoria All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee Re-Scaling Governance: First Nations and the Challenge of Shale Gas Development in British Columbia by Mathew Murray B.Sc., University of Victoria, 2009 Supervisory Committee Dr. Karena Shaw, School of Environmental Studies Supervisor Dr. James Rowe, School of Environmental Studies Departmental Member iii Abstract Supervisory Committee Dr. Karena Shaw, School of Environmental Studies Supervisor Dr. James Rowe, School of Environmental Studies Departmental Member The government of British Columbia faces a host of challenges as it attempts to establish a liquefied natural gas export industry and reignite unconventional shale gas production in northeast BC. Not only must it contend with a competitive and saturated global marketplace, but it must also address conflict with Treaty 8 First Nations whose treaty rights and traditional territories were impacted by early development. Shale gas impacts are intensely local, but First Nations have struggled to gain meaningful influence in colonial decision-making processes to ensure development decisions respect community values and authority. This research, conducted in partnership with Fort Nelson First Nation, explores the challenges and opportunities faced by the Nation in their efforts to reshape governance of the shale gas industry in their territory to address its environmental impacts. The research is situated within a review of multiple literatures including political economy, Indigenous governance, and critical studies of natural resource governance, social conflict and co-management in Indigenous-settler contexts. Through interviews and participant observation with the Fort Nelson First Nation, the thesis documents how those involved in shale gas governance at the local level perceive existing processes, and investigates under what conditions a more localized governance might resolve shale gas conflict in northeast BC. It develops an argument that shale gas governance must be rescaled to address landscape scale impacts and enhance the authority of local First Nations interests and knowledge. While collaborative governance reforms like co-management may not wholly eliminate deeply seated colonial authority, they can be effective and empower local First Nations communities under certain conditions. However, this case poses a unique set of context-specific challenges to governance reform, which the Fort Nelson First Nation are confronting as they work towards their governance and land use goals for their traditional territory. As the Nation iv continues to move forward, it is uncertain how they will negotiate the non-renewable industry’s political economy, and the current pro-development shale gas politics in BC. As such, this case offers a rare lens into local community experience with this relatively new and contentious global energy industry. v Table of Contents Supervisory Committee .................................................................................................... ii Abstract ............................................................................................................................. iii Table of Contents .............................................................................................................. v List of Figures .................................................................................................................. vii List of Acronyms ............................................................................................................ viii Acknowledgments ............................................................................................................ ix Chapter 1 Introduction ..................................................................................................... 1 1. Introduction ............................................................................................................... 1 2. Methodology .............................................................................................................. 7 Project background and research questions ................................................................ 7 Fieldwork .................................................................................................................... 9 Interviews .................................................................................................................. 10 Participant observation .............................................................................................. 12 Thesis structure ......................................................................................................... 14 3. Critical Context ....................................................................................................... 15 3.1 The making of Treaty 8, treaty rights and the treaty relationship ....................... 15 3.2 BC’s shale gas industry and the Fort Nelson First Nation .................................. 20 3.3 Shifting governance ............................................................................................ 24 References .................................................................................................................... 30 Chapter 2 'From the Sidelines': Local perceptions of shale gas governance in Fort Nelson First Nation territory ..................................................................................... 46 1. Introduction ............................................................................................................. 46 2. Methods .................................................................................................................... 50 3. Critical Context ....................................................................................................... 52 4. Results ...................................................................................................................... 56 4.1 Issues with shale gas consultation processes ...................................................... 56 4.2 Issues with shale gas governance processes ....................................................... 61 4.3 Implications ......................................................................................................... 65 5. Discussion ................................................................................................................. 69 6. Conclusion ............................................................................................................... 73 References .................................................................................................................... 75 Chapter 3 Co-management and Shale Gas? An assessment of the possibilities for local governance in Fort Nelson First Nation territory .......................................... 86 1. Introduction ............................................................................................................. 86 2. Critical context ........................................................................................................ 89 3. Methods .................................................................................................................... 94 4. Results ...................................................................................................................... 95 4.1 Governance tools: expanding scales and building data ...................................... 95 4.2 Governance principles: accountability and representation ................................. 98 4.3 Co-management, authority and potential challenges ........................................ 100 5. Discussion ............................................................................................................... 104 5.1 Co-management and ecological governance .................................................... 105 5.2 Co-management and First Nations authority .................................................... 107 5.3 The potential challenges of co-management in FNFN territory ....................... 111 vi 6. Conclusion ............................................................................................................. 118 References .................................................................................................................. 120 Chapter 4 Conclusions .................................................................................................. 134 References .................................................................................................................. 143 Appendix ........................................................................................................................ 144 Appendix A Interview questions .............................................................................. 144 Appendix B Human Research Ethics Board Approval ......................................... 145 vii List of Figures Figure 1: Shale gas plays in FNFN territory ....................................................................... 2 Figure
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