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Environmental Impact Assessment > 2 - Context Setting & Engagement > Flashcards

2 - Context Setting & Engagement Flashcards

1
Q

What was the Berger Inquiry?

A

A proposed energy pipeline corridor from the Mackenzie River Delta in the Beaufort Sea through the Northwest Territories to northern Alberta

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2
Q

How long did the Berger Inquiry take?

A

3 years of engaging with dozens of Indigenous communities

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3
Q

What did Berger argue in the Berger Inquiry?

A

Berger argued that the greatest need in the north was not accelerated development, but opportunities for Indigenous peoples to determine their own future.

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4
Q

What did the Berger Inquiry conclude?

A

Report recommended a 10-year delay to negotiate and settle lands claims agreements before a pipeline could be constructed

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5
Q

What are the 5 essential treaties of IA?

A
  • Peace & Friendship Treaties
  • Royal Proclamation of 1763
  • Pre-Confederation Treaties
  • Numbered Treaties
  • Modern Treaties
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6
Q

What are the Peace & Friendship Treaties?

A

Relational, focused more on protecting hunting and fishing rights.

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7
Q

What was the main intent of the Royal Proclamation of 1763?

A

Allowing land ownership to occur

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8
Q

What are the Pre-Confederation Treaties?

A

Largely signed in Ontario, driven by creating housing, not necessarily for Indigenous communities

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9
Q

Where are the numbered treaties?

A

Signed from North-western Ontario to British Columbia.

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10
Q

What do the Modern Treaties address?

A
  • Address where Indigenous rights have not been previously dealt with (Unceded territory)
  • Address things like land ownership, environmental management, wildlife harvesting rights, financial compensation
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11
Q

What are Modern Treaties AKA?

A

Comprehensive Land Claims

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12
Q

What is an example of a Comprehensive Land Claim?

A

Example: Nunavut Land Claims Agreement, Nisga’a Final Agreement

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13
Q

What are the Specific Claims?

A

Address where governments failed to hold up historic treaties or obligations related to land and resource use.

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14
Q

What are some examples of Specific Claims?

A

Examples: Michipicoten First Nation land settlement agreement (Ontario); various implementation agreements under the Northen Flood Agreement (Manitoba)

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15
Q

What is the Duty to Consult?

A

Formal legation obligation for governments to consult with Indigenous peoples.

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16
Q

Where is the Duty to Consult legitimized?

A

Enshrined in Section 35 of the Constitution Act

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17
Q

Summarize Section 35 of the Constitution Act:

A

35(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, aboriginal peoples of Canada include the Indian, Inuit, and Métis peoples of Canada.

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18
Q

What was the main court case that established the Duty to Consult?

A

Haida Nation v. British Columbia (2004)

19
Q

What was the conflict of the Haida Nation v. B.C. court case?

A

Haida Gwaii had claimed title to all the lands and water surrounding it, but it was unrecognized by the government

20
Q

How did the Haida v. BC court case bring forth the Duty to Consult?

A

Supreme court of Canada released its decision on the Crown’s duty to consult and accommodate Aboriginal interests

21
Q

What is ‘Discharging the Duty to Consult’?

A

Government will often discharge procedural elements of the Duty to Consult to proponents

22
Q

True or False: IA Engagement does not equal Consultation

A

True!!!

23
Q

What are 5 key features for an IA engagement?

A
  1. Detailed engagement records
  2. Take engagement seriously
  3. Emergency of capacity funding
  4. Shift from earlier effects assessment expectation to IAAC expectations
  5. Collaboration
24
Q

What is the UNDRIP?

A

United Nations Declaration on the Rights of Indigenous Peoples is an aspirational, international document that is intended to reflect the minimum standards of Indigenous rights around the world, and it is intended to serve as a guide and a benchmark in the review of a country’s Indigenous rights performance

25
Q

What is the significant article in UNDRIP in related to IA?

A

Article 26

26
Q

What does Article 26 state (3 points)?

A
  1. … right to the lands, territories & resources
  2. … right to own, use, develop and control lands.
  3. Legal recognition & protection to these lands
27
Q

How is protest a form of engagement?

A

Protests occur because Indigenous people hold rights and title to territory and can object to projects that may infringe on their rights or title or are not in their best interests, or don’t align with the needs and values of their communities

28
Q

What is the difference between UNDRIP & the Duty to Consult?

A
  • International vs. National
  • UNDRIP is a non-binding treaty
29
Q

When did Canada sign on to UNDRIP?

A

July, 2024

30
Q

What is the IAPP?

A

International Association for Public Participation

31
Q

Draw the Levels of Identifying Public chart:

A

!

32
Q

Memorize the “Identifying Publics” chart:

A

Slide 17

33
Q

What are some key factors to consider when determining which Indigenous groups to engage:

A
  • Historic or modern treaties in the region of the regulated facility.
  • Potential impacts to the health and safety of the public, the environment, and any potential or established Indigenous and / or treaty rights and related interests.
  • Proximity of the regulated facility to Indigenous communities.
  • Existing relationships between Indigenous groups and licensees or the CNSC.
  • Trading territories
  • Land use (Traditional and current)
  • Land claims (Settled or ongoing)
  • Membership in a broader Indigenous collective or tribal council or Indigenous umbrella group.
34
Q

Memorize Arnsteins Ladder of Public Participation:

A

!

35
Q

Memorize the IAP2 Spectrum of Public Participation*

A

!

36
Q

What are the 5 stages of the IAP2 Spectrum of Public Participation?

A
  • Inform
  • Consult
  • Involve
  • Collaborate
  • Empower
37
Q

What are some challenges to Public engagement?

A
  • Late timing of engagement
  • Misaligned expectations about scope and intent of EA
  • Limited financial and human resource capacity
  • Participation fatigue
38
Q

What is one solution to the challenges of engagement?

A

Community-led Process

39
Q

What can Community-led Processes include?

A
  • Detailed discussions on potential project impacts and community interests / benefits.
  • Arrive at independent conclusions about a project’s impacts on treaty and Aboriginal rights.
  • Determine appropriate conditions and trade-off relative to provide consent for the project.
40
Q

What are some examples of Community-led Processes?

A
  • Keeyask
  • Woodfibre LNG
  • Ignace Area Working Group
41
Q

What is ILK?

A

Indigenous Local Knowledge

42
Q

Define ILK:

A

“A cumulative body of knowledge, practice, and belief, evolving by adaptive processes and handed down through generations by cultural transmission, about the relationships of living beings with one another and with their environment”

43
Q

For meaningful engagement with Indigenous communities, EA requires:

A
  • Governments to take Leadership to Address Strategic Issues Pre-EA
  • Proponents Engage Communities in the EA Planning Process
  • Communities have Access to Capacity-Building and Financial Support
  • Communities have access to information
  • Engagement continues throughout
  • Indigenous-lead EA

Environmental Impact Assessment (11 decks)

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