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Process as Power: The Legitimacy of Indigenous Consultation in British Columbia Environmental Assessments

Autor Minh Thuy Do
en Limba Engleză Paperback – 18 oct 2026
Uncovers the failure of British Columbia to reach true collaborative governance with Indigenous Peoples through the environmental assessment process.

In British Columbia, major resource development projects require environmental assessment, and Indigenous Peoples whose lands will be affected are legally entitled to consultation. Yet, as projects from the Galore Creek mine to the Trans Mountain pipeline expansion illustrate, the purpose and outcomes of these consultations often diverge.

In Process as Power, Minh Thuy Do draws on interviews, judicial decisions, and environmental assessment reports to explore the dynamics of Indigenous consultation. Courts, including the Supreme Court of Canada and the British Columbia Court of Appeal, have emphasized consultation as a means of demonstrating state legitimacy in matters affecting Aboriginal rights. However, Indigenous participants frequently view these processes as illegitimate, as the state largely controls how Indigenous perspectives are incorporated into project decisions.

Do evaluates the flaws of the current system and proposes reforms to create a more robust environmental assessment process—one that meaningfully advances reconciliation and addresses deficits in state legitimacy, offering a crucial contribution to debates on resource development, Indigenous rights, and governance in Canada.
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Specificații

ISBN-13: 9780774872270
ISBN-10: 0774872276
Pagini: 258
Ilustrații: 3 charts, 12 tables
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.45 kg
Editura: University of British Columbia Press
Colecția University of British Columbia Press

Notă biografică

Minh Thuy Do is an assistant professor in the Department of Political Science at the University of Guelph. Her work on constitutional politics, public policy, and Indigenous politics has been published in the Canadian Journal of Political Science, Law and Social Inquiry, and Critical Policy Studies, and she has contributed chapters to books on these topics.


Cuprins

Introduction
1 Legitimacy Deficits in Settler-Colonial Canada
2 The Supreme Court of Canada and the Duty to Consult
3 The BC Court of Appeal and the Duty to Consult
4 Participation in the Environmental Assessment Process in British Columbia
5 Assessment of Impacts in the Application Review Phase
6 Accommodations in the Decision Phase
7 UNDRIP and the Duty to Consult
Conclusion
Notes; Bibliography; Index

Recenzii

"Process as Power: The Legitimacy of Indigenous Consultation in British Columbia Environmental Assessments is one of the few comprehensive, detailed, and systematic analyses of the operationalization of the duty to consult in Canada. It contributes to our understanding of the inherent and procedural limits of the duty to consult, and adds analytical and empirical depth to the existing body of more normatively oriented scholarship on Indigenous-Crown relations."

"This important research further contributes an understanding of how required legal consultation in actuality fails ethical and legal obligations of the Canadian state towards Indigenous peoples. Continued documentation and ongoing analysis remain critical to resolving these failures, and Minh Do’s work makes a useful contribution to that necessary undertaking."