Effective Consultation and Participation In
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Effective Consultation and Participation in Environmental Assessment and Land Use Planning: Advancing Sustainable Development in a Remote First Nations Community in Northern Ontario, Canada by Holly L. Gardner A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Doctor of Philosophy in Social and Ecological Sustainability Waterloo, Ontario, Canada, 2016 Holly L. Gardner 2016 Author’s Declaration This thesis consists of material all of which I authored or co-authored: see Statement of Contributions included in the thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. ii Statement of Contribution The articles presented in this dissertation are the result of research, which I instigated. I am the first author of each article and was responsible for leading data collection activities, analysis, and preparation of the manuscripts. Below is a summary of the contributions that were made by co-authors in the development of each manuscript. Chapter 2: Gardner, H. L., Tsuji, S. R., McCarthy, D. D., Whitelaw, G. S., & Tsuji, L. J. (2012). The Far North Act (2010) Consultative Process: A New Beginning or the Reinforcement of an Unacceptable Relationship in Northern Ontario, Canada? The International Indigenous Policy Journal, 3(2), 7. Mr. Stephen R. Tsuji assisted with archival searches used to describe the historical context of the region. Remaining co-authors (Dr. D.D. McCarthy, Dr. G.S. Whitelaw, Dr. L.J.S. Tsuji) provided ongoing support regarding the design of the framework and analysis. Review and editorial advice of the final manuscript was provided by all of the co-authors. Chapter 3: Gardner, H.L., Kirchhoff, D., Tsuji, L.J.S. (2015) 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? The International Indigenous Policy Journal. Dr. Denis Kirchhoff and Dr. Leonard Tsuji provided support regarding the input that was being contributed, and assisted in some community-based activities. Review and editorial advice of the final manuscript was provided by all of the co-authors. Chapter 4: Gardner, H.L., Kirchhoff, D., Cowan, D., Tsuji, L.J.S. (accepted) Drawing a line in the muskeg: A systematic review of Environmental Assessment information, curated and evaluated, to advance evidence-based environmental decision-making to benefit communities, policy makers and proponents in a remote area of Northern Ontario, Canada. The International Indigenous Policy Journal. Dr. Denis Kirchhoff and Dr. Leonard Tsuji provided ongoing support regarding the advancement of the systematic review and editorial advice on how to represent the findings to show the comparison. Dr. Don Cowan provided ongoing support on the development and improvements to the collaborative geomatics tool. Dr. Denis Kirchhoff and Dr. Leonard Tsuji provided review and editorial advice of the final manuscript. Holly L. Gardner iii Abstract INTRODUCTION. Environmental decision-making related to policy, often includes an overall objective that advances opportunities for sustainable development. Advancing the concept of sustainable development draws on, and influences forms of governance. The use of the term governance represents an ideological shift from the authoritative control associated with the term “government”. With governance, power is distributed among actors. In practice, this implies a broader collaboration between organizations, associations, individuals and various levels of government, both formally and informally. Overall, governance structures have shifted to embody greater public engagement. The incorporation of participation and engagement in governance is attributed to outcomes that include: acceptance and support of the policy, reduced conflict, broader information resources, and social learning. The dissertation focused on the critical component of sustainable development governance, public participation, in the context of environmental assessment and related decision-making. Specifically, how participation in policy development and environmental decision-making is informed, and limited, based on existing information management capacity. Through case studies, this dissertation examined the development of land use planning policy and application of Environmental Assessments (EA), to identify barriers to, and facilitators of, the public participation process. Three research questions provided a guide to exploring this subject: 1. What does participation look like in land use planning legislation and EA processes, with respect to case specific limitation and challenges? 2. How can information be gathered, managed and shared to build needed capacity and meet community goals? 3. What is an approach to information management that can serve to improve the range of available information, and overcome the existing barriers to accessing technical and academic resources, to support streaming of relevant information into the participatory process? METHODS. Fort Albany First Nation, a remote Cree community of the western James Bay region of subarctic Ontario, Canada, was the focal community of the present study. People of this community have significant connections to the land, and the land is rich with natural resources. Thus, the Cree identify meaningful participation in decision- making related to land-and-resource planning and development, as being imperative. iv Participatory action research was an overarching method employed throughout the present study. Data sources for this project included field notes, interview data, project reports and EA documents, meeting minutes, hearing and legislative transcripts, archival information, and policy documents. The approach to analyzing the data generally incorporated the development of an evaluative framework and deductive review. RESULTS and DISCUSSION. Chapter 2. The Far North Act (2010) Consultative Process: A New Beginning or the Reinforcement of an Unacceptable Relationship in Northern Ontario, Canada? The consultative process with respect to consultation in the “Far North” region of Ontario was examined, from the treaty-making period (early 1900s), through to the land use planning period represented in the Far North Act (2010). The focus of the evaluation was the approach to consultation used in Ontario, to advance policy. The inadequate consultative process used in the advancement of the Far North Act (2010) was characterized by a minimum standard for consultation being used. Terms were fixed prior to the process, limiting outcomes and frustrating those attempting to engage in the process. Further, timelines were too condensed to allow for meaningful participation, and unequal power distribution was evident, resulting in a threat of future litigation. Nonetheless, meetings and workshops, as well as testimony given by community members and leadership demonstrated meaningful consideration of the proposed legislation and social learning. However, the actual participatory method used in this case, public hearings, limited the potential to realize learning outcomes. The testimonies at public hearings were largely ignored. Chapter 3. 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? The case involved an upstream First Nation acting as a co-proponent for a project that would potentially affect downstream First Nations communities. Evaluation of the Kabinakagami Hydro Project Class EA process revealed severe limitations to effective participation by affected communities, even though the co- proponent was a First Nation. Moreover, guiding policies based on better practices for improved participation and consultation in environmental decision-making existed, among all actors. Noteworthy was that no specific guideline to guide the participatory process when a co-proponent of a development project was a First Nation – and from v what was learnt from the case study – it cannot be assumed that First Nations will deal with other First Nations respectfully and fairly. The participatory methods used (information sessions, a meeting, and public comment) provided little opportunity for meaningful participation. Significant information was offered in the comment period, describing concerns about the consultation process and the scope of the studies underway. The response, however, demonstrated limited flexibility to adjust the process or consider changes to project design or implementation. This meant that participants in downstream First Nation communities were not streamed into the process. Chapter 4. Drawing a line in the muskeg: A systematic review of Environmental Assessment information, curated and evaluated, to advance evidence-based environmental decision- making to benefit communities, policy makers and proponents in a remote area of Northern Ontario, Canada. The collaborative-geomatics informatics tool provided a useful decision-support tool to gather relevant information, and evaluate previous EA processes carried out in the region. In this way, the decision-support tool builds capacity, all the while providing protection of intellectual property, as the tool is under First Nations control being password-protected. Typically, there are challenges to establishing