Making space for reconciliation in Canada's planning system by Lindsay Galbraith Darwin College University of Cambridge Master of Arts, Simon Fraser University, 2005 Bachelor of Arts, The University of Western Ontario, 2002 THIS DISSERTATION IS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY In the Department of Geography September 2014 PREFACE PREFACE This dissertation is the result of my own work and includes nothing which is the outcome of work done in collaboration except where specifically indicated in the text. No part of this dissertation has been submitted for any other qualification. This dissertation exceeds the prescribed limit of 80,000 words, excluding appendices and bibliography. ACKNOWLEDGEMENTS The PhD research process is often considered to be a solo project. However, this project could not have been completed without the support and love of numerous individuals and communities in several geographic locations. Most notable are those of you from Haida Gwaii. Many of you have shared your time, experiences, ideas, and knowledge with me. Others have been kind enough to offer advice and insights on my written work and ideas. Others still simply allowed me to learn from them. Howaa and Hawaa and Thank You, to all of you. I have truly changed as a result of what I have learned. I would particularly like to thank my supervisor, Professor Susan Owens, for her encouragement and patience in working with me. Your precision and analytical rigour are inspiring! A number of faculty and student colleagues have also been very helpful offering advice and reading through my work. To my family and friends who have supported me throughout the process, I feel truly blessed to have you in my life. To my Mom and Dad for listening to me and guiding me as you always have. i GALBRAITH ABSTRACT ABSTRACT Early in 2012, the Minister of Natural Resources Joe Oliver released an open letter to Canadians where he identified 'an urgent matter of Canada's national interest': 'radical groups' were 'threaten[ing] to hijack [Canada's] regulatory system' for major projects and argued they should 'be accomplished in a quicker and more streamlined fashion'. This came on the eve of the first day of oral hearings for the public review into the controversial Enbridge Northern Gateway pipeline and tanker project that would allow for oil sands from Alberta to access outside markets other than the United States. A few months later, Canada's environmental decision-making process was dramatically reformed, resulting in a significant outcry across the country over the likely effects on environmental oversight and Aboriginal rights. In Haida Gwaii, a series of islands off of the north coast of British Columbia (BC) around which the proposed tanker traffic would navigate, a process of reconciliation is in its early stages. The forestry sector is now subject to a collaborative provincial and Haida (First) Nation planning and decision process and a Haida-owned company is the biggest tenure holder and forestry sector employer. However, the Government of Canada has refused to participate in this reconciliation process in any meaningful way. It has, instead, encountered the Haida Nation through the court-like environmental review process for the proposed Enbridge project, the very same process that has been used to justify the dramatic environmental planning reforms. This research constructs a framework for tracing the spatial and institutional dynamics of the reconciliation process in planning. A significant amount of the Crown's approach to reconciliation relies upon the consultation that takes place within and alongside planning and regulatory decision making for natural resource developments. While the process does not, in itself, lead to any meaningful engagement over reconciliation, a central research question is: What opportunities might exist for reconciliation to take place in planning? And, how do these opportunities change? Contributing to the Indigenous planning literature, this dissertation examines some of the discursive and institutional factors that led to (a) the collaborative planning taking place on Haida Gwaii today and (b) the 2012 federal planning reforms. For each case, the opportunities available in planning for modifying the dominant view of Making space for reconciliation in Canada's planning system ii ABSTRACT reconciliation are considered. The dissertation begins with an overview of the very initial discussions on reconciliation between the Haida Nation and the Province of BC. It is argued that this move was facilitated by the Haida Nation shifting their concerns to various venues that were more or less receptive to their interests: the courts, a road blockade, collaborative planning, and bargaining. On the other hand, Canada has attempted to regain control by actively modifying the venues available to the Haida Nation in ways that excluded them or moved them to a venue that was less receptive to their concerns. It is reasoned that while planning spaces operate in ways that tend to be colonial, certain conditions and mechanisms are available in these systems that can be used to open up (perceived) opportunities for changing the way reconciliation is implemented across this system. These spaces reveal information about Indigenous-state power relations that are usually not observable until a conflict arises, at which point analysts may observe how actors respond to these perceived opportunities. Evidence is collected from numerous sources. Interviews with key informants, observation, and policy document review composed the bulk of the data collection for both cases. Four days of oral hearings in Haida Gwaii were observed in 2012, offering a window into the encounter between the Haida and Canada just as a streamlined environmental review process was being developed and implemented. In contrasting the two cases, this research finds that planning is used both to control development and as an opportunity to engage with the Crown over the long-standing dispute about overlapping title to and, thus, jurisdiction over Haida Gwaii. The process by which one use prevails over another is the central research problem; indeed, there remains an important disconnect between Indigenous political actors and the Crown (and, in some examples, industry) on how environmental planning institutions ought to be used. This tension is present within a planning venue and across the planning system, opening up potential opportunities, such as those used by the Haida Nation to regain control over Haida Gwaii, or closing down these opportunities. For these reasons, planning is one of the most useful arenas for influencing and for understanding the politics of reconciliation in Canada. iii GALBRAITH TABLE OF CONTENTS TABLE OF CONTENTS Table of Contents PREFACE................................................................................................................................i ACKNOWLEDGEMENTS....................................................................................................... i ABSTRACT.............................................................................................................................ii TABLE OF CONTENTS.........................................................................................................iv CHAPTER 1. INTRODUCTION............................................................................................. 1 A planning lens........................................................................................................................................................ 5 The Crown's laws on reconciliation................................................................................................................ 6 Dissertation outline............................................................................................................................................... 9 CHAPTER 2. LOCATING DECISION SPACES...................................................................13 Introduction .......................................................................................................................................................... 13 Dimensions of power ......................................................................................................................................... 17 Locating the spaces of power ......................................................................................................................... 20 Linking spaces of power to Aboriginal rights........................................................................................... 29 Conflict and reconciliation ............................................................................................................................. 34 Summary and conclusions ............................................................................................................................... 47 CHAPTER 3. MECHANISMS OF PLANNING CHANGE.................................................... 51 Introduction........................................................................................................................................................... 51 A note on the relevance of these theories to certain geographies................................................... 54 1. Research on planning change in relation to Aboriginal rights .....................................................54 2. Critique of reconciliation law and policy..............................................................................................