ID: 1973
Presenting Author: James Herbert
Session: 592 - Streamlining IA in an era of global uncertainty
Status: pending
Gitxaała Nation’s custom-built impact assessment process provides a model of informed and Indigenous-led decision-making that can advance efficient and transparent impact assessments.
Gitxaała Nation has been at the center of national conversations on resource development projects for years, from its legal challenge that halted the Enbridge Northern Gateway project to large-scale LNG projects and Ports. Dozens of federal and provincial assessments have led the Nation to design and run their own IA process to ensure Gitxaała leaders are provided with the information they require for informed decisions about their territory. This process, the Gitxaała Risk and Impact Assessment, has become an important collaborative tool as both provincial and federal legislation placed the requirements for Free, Prior, and Informed Consent at the centre of IAs. However, recent "streamlining" legislation from both the British Columbia and Canadian governments have refocused attention on “Nation-building” projects while downplaying the role of IAs in ensuring Indigenous participation, adequate consultation, and the need for Free, Prior, and Informed Consent. Despite a lack of transparency about how a “Nation-Building” project is defined and assessed, both case-law and publicly stated commitments reinforce that Indigenous involvement is an essential step for an efficient assessment process. Using an example of Indigenous-led assessment and decision-making as established under the Gitxaała Risk and Impact Assessment framework, this presentation will provide a case study of how Indigenous-led IAs can identify potential key issues early and help shape more efficient assessment processes that respects Indigenous Governance.
James Herbert is a senior advisor to Gitxaała Nation’s elected and hereditary leadership. His work focuses on resource management while supporting Indigenous legal systems.