Week 7 - Public participation, Indigenous issues, and the Crown's duty to consult Flashcards

1
Q

What is public participation?

A

IAIA & Noble: the involvement of individuals and groups that are positively or negatively affected by a proposed intervention subject to a decision-making process or are interested in it

Alternate: active involvement of public in EA process through various means, ranging from open houses to panel reviews

PP Guide: any process that involves public input in decision making, involves activity of informing public and inviting them to have input into decisions that affect them

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2
Q

Explain the history of public participation (global)

A
  • initiatives began in 1960’s in response to large-scale transportation and industrial developments
  • international provisions: 1991 Espoo Convention on EIA in Transboundary Context; 1998 Aarhus Convention on Access to Info, PP in Decision-making
  • national EIA systems have specific requirements now
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3
Q

What is the CEAA 2012 definition of PP?

A
  • nonexistent b/c it was never specifically defined

- only talks about timely and meaningful PP and access to info

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4
Q

Explain PP in Canada

A
  • revisions to CEAA in 2003 strengthened requirements for early public involvement (incorporated public and traditional knowledge during assessment process)
  • CEAA 2012 provided further PP support, especially in Aboriginal consultation, but restricted participation to “interested parties” (“meaningful PP”)
  • overall, remains limited and at discretion of proponent
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5
Q

What is meaningful PP?

A
  • participatory processes that incorporate all of the essential components of participation, from info sharing to education, including the active and critical exchange of ideas among proponents, regulators, and participants
  • requires adherence to basic principles and operating principles (Andre & Noble)
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6
Q

What are basic principles?

A

What should be applied to all EA stages.

i. adapted to context
ii. informative and proactive
iii. adaptive and communicative
iv. inclusive and equitable
v. educative
vi. cooperative
vii. imputable (improves proposal under consideration

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7
Q

What are operating principles?

A

How basic principles should be applied to EA process

i. initiated early and sustained
ii. well planned and focused on negotiable issues
iii. supportive to participants
iv. tiered and optimized
v. open and transparent
vi. context-oriented

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8
Q

What the “who” in PP?

A
  • Many publics rather than just one public (many groups with different values, scales, and active/inactivity)
  • involved as early as possible, but usually limited to the review of the report (should occur throughout)
  • proponent’s view is its more efficient to exclude public from EA
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9
Q

Who are the publics based on stake in outcome and influence?

A
  • Media groups: high influence, low stake
  • spectators: low influence, low stake
  • Aboriginal groups: high influence, high stake
  • victims: low influence, high stake
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10
Q

Who is classified as an interested party?

A
  • a person who is directly affected by the project or has relevant info or expertise
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11
Q

Why involve the publics?

A
  • members of the public are experts on their own needs and values and on whether the decisions and actions intended to benefit them are appropriate
  • TEK is very helpful (for example, if there is no Cree word for a certain bird, then it is likely invasive/not from here)
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12
Q

What are the benefits of PP?

A

Typically used in scoping, reporting/review, and follow-up.

  • provides access to wider range of info
  • enhances legitimacy and accountability of decisions made
  • helps define problems and identify socially accepted solutions
  • clarifies goals and objectives
  • minimizes conflict and voids costly delays
  • facilitates implementation
  • promotes social learning
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13
Q

How is PP used in EAs?

A

Various methods: meetings, displays, workshops, committees, brochures, hearings, media, site visits, etc.

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14
Q

What is the order of Arnstein’s ladder?

A
Citizen Power:
- citizen control 
- delegated power (joint planning and input)
Tokenism:
- partnership (two-way, more influence)
- placation (calm, pacify humour)
- consultation (two-way, feedback)
Non-participation: 
- informing (one-way communication)
- therapy
- manipulation
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15
Q

What are the levels of PP according to CEAA PP guide?

A
  1. inform - one way communication (ex. advertising, presentations, email, community events, websites, etc.)
  2. consult - two way, feedback (interviews, focus groups, surveys, public meetings)
  3. involve - two way, more influence (charettes, small group meetings, workshops)
  4. collaborate - joint planning and input (advisory groups, consensus building techniques, task forces)
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16
Q

Where are there PP opportunities under CEAA 2012?

A
  • after project description submitted
  • after draft EIS guidelines
  • after draft EIS
  • after final EIS
17
Q

What are Aboriginal rights?

A

No single definition
Common features:
- inherent rights that flow from Aboriginal Peoples’ presence on the land and distinct social, political, and legal systems in place prior to European contact
- collective rights which reflect continued use and occupation of the land

18
Q

Explain how Aboriginal rights can be generic

A

Apply to all Aboriginal peoples
Ex.
- Aboriginal title (unique and collectively held right to ancestral territory)
- self-government
- self-determination
- cultural integrity (right to maintain and develop culture)

19
Q

Explain how Aboriginal rights can be specific

A

Unique to specific group

Ex. Heiltsuk nation has Aboriginal right to commercially trade herring spawn on kelp

20
Q

Explain Section 35 of the Constitution Act, 1982

A

Recognizes and affirms, but neither defines nor creates Aboriginal rights

  • existing rights are recognized and affirmed
  • aboriginal peoples includes Indian, Inuit, Metis people
  • treaty rights includes rights that now exist by way of land claim agreements
  • aboriginal and treaty rights are guaranteed equally to male and female persons
21
Q

Give some examples of Aboriginal Cases

A
  1. Calder v BC
    - sued provincial gov’t on grounds that title had been lawfully extinguished
    - set legal precedent regarding existence of title & initiated field of Aboriginal Law
  2. Campbell v BC 2000
    - court considered whether elements of Treaty around self-govt had been violated
    - self-govt is a constitutionally protected right
22
Q

What is the Crown’s duty to consult?

A
  • consists of wide range of level of consultation

- ranges from disclosure of info to deep consultation