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Advancing a Vision for Technology Justice in the Canadian Agri-Food Sector

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Advancing a Vision for Technology Justice in the Canadian Agri-Food Sector Seeding Sustainability over Extracting Capital: Advancing a Vision for Technology Justice in the Canadian Agri-Food Sector Angela Lee Thesis submitted to the University of Ottawa in partial Fulfillment of the requirements for the Doctorate in Philosophy in Law Faculty of Law, Common Law University of Ottawa © Angela Lee, Ottawa, Canada, 2021 Abstract The detrimental consequences associated with industrial models of food production are becoming more difficult to ignore. In response, one dominant approach to mitigating the myriad environmental, social, and ethical harms relating to food has sought to increase the efficiency of agricultural outputs through scientific and technological innovation. Although technology certainly has some role to play in any vision of a sustainable future, technocratic approaches to problem solving are insufficient—and arguably inappropriate—for addressing many of the kinds of complex challenges that we face today. There are recent indications that both agri-food law and policy and innovation policy are being taken more seriously in Canada, which creates an opportunity to reflect more deliberately on their ends and means. This dissertation explores the topic of how laws, policies, and other tools of governance can work to better align technological innovations in the agri-food sector with shared environmental goals and ethical aspirations. Taking a critical legal perspective closely informed by feminist insights and the work of existing, analogous justice movements, I examine several interlinkages between technology, law, the environment, and society to evaluate some of the failings of existing approaches to food systems transformation and to offer a contribution to the conversation about alternative pathways. Given the context-specific nature of food systems and food systems governance, my focus is primarily on Canada, but the universal importance of food in a globalized world renders some comparative and transnational discussion unavoidable. I use case studies and discourse analysis to demonstrate that, when considered through a justice- oriented lens, several of the new and emerging technologies being championed in the agri-food sector may not be as beneficial as their proponents claim. Instead, they may serve to retrench injustice and cement existing, exploitative power structures, making them more difficult to challenge and change later down the line. Thus, if technologies are to serve public instead of private interests in the ways they are incentivized, designed, regulated, and used, we will need to see broad systemic and structural reforms informed by thoughtful shifts in our values and priorities, rather than merely reactive adjustments to our policies and practices. Though this undertaking will be difficult, it is not impossible; this dissertation offers one way to facilitate the process of seeding change for environmental sustainability and technological justice. ii Acknowledgements Bringing this project to fruition has been a long, hard-fought battle, and one that would not have been possible without a community of people behind me. First, I would be remiss not to acknowledge Benjamin Richardson, whose unparalleled mentorship throughout my JD set me on the path to graduate studies and beyond. Legal academia is not a career that I had ever envisioned for myself before working with Ben, and I feel exceptionally privileged to be able to do this work today. Heartfelt gratitude goes out to my supervisors Heather McLeod-Kilmurray and Lynda Collins, whose unflagging support, guidance, and cheer was tremendously valued throughout this entire process. It is an unarguable fact that I would not be where I am now without them. Many thanks are also due to Nathalie Chalifour and Kelly Bronson; I could not have asked for a better committee. I have been so fortunate to make the University of Ottawa’s Faculty of Law—and especially its Center for Environmental Law and Global Sustainability—my intellectual home for the past few years. Ian Kerr’s kindness and encouragement, as well as his immensely influential thinking on law, ethics, and technology, left an indelible mark on my work. I regret that he was not able to offer his insights on this completed project, as I know that it would have been better for it. He once told me that sometimes things go your way and sometimes they do not, but ultimately, what matters is the ideas. His ideas and his spirit live on through me, and through all of the other people whose lives he touched. I could not have done this without my friends. Particular appreciation is due to Jessica Eisen and Sabrina Tremblay-Huet, who I was lucky enough to meet on this trajectory and who are among the best people I know. Thank you for all of the laughter, tears, conversations, and meals shared—and for believing in me. Parts of this work, especially Chapter 5, benefited greatly from helpful comments and suggestions made by participants at various conferences and workshops I have attended over the years, with special mention to the Food Law Junior Scholars Workshop held at Dalhousie University’s Schulich School of Law in May 2019. I am grateful for financial support provided by the Government of Ontario, the Social Sciences and Humanities Research Council, and the Faculty of Law and the Faculty of Graduate and Postgraduate Studies at the University of Ottawa. Finally, I extend my thanks to every person, non-human animal, and thing that has driven me to continue to champion causes that can often feel bleak. I am deeply indebted to the (eco)feminists, science and technology scholars, and critical legal thinkers who have set the groundwork for my research. I am also continuously inspired and motivated by my students and the next generations of thinkers and doers, whose courage and commitment will be instrumental in building a better world. iii Dedication My work, as ever, is dedicated to my late mother, who always saw the scholar, writer, and change maker in me. My efforts are a constant endeavour to live up to what she imagined possible for my future, and I hope she would be proud. iv Acronyms Agriculture and Agri-Food Canada (AAFC) Agroecology (AE) Appropriate technology (AT) AquAdvantage salmon (AAS) Canadian Biotechnology Advisory Committee (CBAC) Canadian Biotechnology Strategy (CBS) Canadian Environmental Protection Act, 1999 (CEPA, 1999) Canadian Food Inspection Agency (CFIA) Canadian International Development Agency (CIDA) Civil society organizations (CSOs) Climate justice (CJ) Climate smart agriculture (CSA) Critical discourse analysis (CDA) Environment and Climate Change Canada (ECCC) Environmental justice (EJ) Ethical, Legal, and Social Implications (ELSI) European Union (EU) Federal Sustainable Development Act (FSDA) Federal Sustainable Development Strategy (FSDS) Fisheries and Oceans Canada (DFO) Food and Agriculture Organization of the United Nations (FAO) Food policy councils (FPCs) Food Secure Canada (FSC) Genetically engineered (GE) Genetically modified (GM) Genetically modified organisms (GMOs) Greenhouse gas emissions (GHGs) v In vitro meat (IVM) Information and communication technologies (ICTs) Innovation, Science and Economic Development Canada (ISED) Intellectual property (IP) Intellectual property rights (IPRs) Intergovernmental Panel on Climate Change (IPCC) Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) International Panel of Experts on Sustainable Food Systems (IPES-Food) New Substances Notification Regulations (Organisms) (NSNR (Organisms)) Non-governmental organizations (NGOs) Organisation for Economic Co-operation and Development (OECD) Research and development (R&D) Responsible innovation (RI) Responsible research and innovation (RRI) Science, technology, engineering, and mathematics (STEM) Science, technology, and innovation (STI) Science and Technology Studies (STS) Sustainable Development Goals (SDGs) Sustainable intensification (SI) Technology assessment (TA) United Kingdom (UK) United Nations (UN) United States (US) United States Department of Agriculture (USDA) United States Food and Drug Administration (FDA) Value sensitive design (VSD) World Economic Forum (WEF) vi Table of Contents 1. Introduction ................................................................................................................................. 1 1.1 Environmental Context ......................................................................................................... 7 1.2 Social Context ..................................................................................................................... 11 1.3 Connecting Technology, Environment, Society, Justice, and Law .................................... 14 1.4 Theoretical Framework ....................................................................................................... 18 1.5 Methodology and Scope ..................................................................................................... 22 1.6 Outline................................................................................................................................. 29 2. Setting the Table: Food, Agriculture, and Sustainability in Canada......................................... 33 2.1 Food Systems and Sustainability ........................................................................................ 35 2.1.1 Food Systems ............................................................................................................... 35 2.1.2 Sustainability...............................................................................................................
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