ID: 1829
Presenting Author: Katrine Dilay
Session: 681 - Gender and Intersectional Analysis in IA: Showcasing theory and practice
Status: pending
Infusing the values underpinning the Canadian Charter of Rights and Freedoms in GBA+ analysis can strengthen IA by considering the impacts on specific groups, resulting in better decisions.
Impact assessments (IAs) invite us to consider the potential impacts of development before serious harm occurs. History has shown us the necessity of meaningful IA processes. When they have not occurred, there has often been serious and irreparable damage to the environment and to people. The harms and benefits of projects are uneven. Individuals who are disproportionately negatively impacted by development projects in Canada are historically disadvantaged groups such as First Nations, women, person with disabilities and the 2SLGBTQ+ community.
IA processes which incorporate Gender-based Analysis+ (GBA+) aim to avoid repeating past mistakes and illuminate the impacts of development on members of historically disadvantaged groups. Without a GBA+ analysis, there is no guarantee that the uneven distribution of benefits and harms of projects is considered. Relying on decisions that have confirmed administrative decision-makers must consider the values in the Canadian Charter of Rights and Freedom, we argue that GBA+ analysis must become a core and essential aspect of IA in all jurisdictions, not an option add-on. Charter values, such as substantive equality and human dignity, are already inherently captured in GBA+ analysis. A Charter-infused GBA+ analysis is necessary to better understand the consequences of development on specific groups. A Charter infused GBA+ analysis will add value and build upon the strengths of rights deserving groups. Our proposed analysis aims to strengthen IA resulting in better decisions and less drawn-out court battles.
Katrine Dilay is a lawyer at the Public Interest Law Centre in Winnipeg, Manitoba, Canada. She practices primarily in the areas of environmental law, consumer rights and human rights.
Coauthor 1: Joëlle Pastora Sala
Coauthor 2: Patricia Fitzpatrick