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

In British Columbia, an environmental assessment is required before approving major resource development projects, and Indigenous Peoples whose territory will be affected are legally entitled to be consulted as part of that process. Projects from the Galore Creek mine to the Trans Mountain pipeline expansion have involved Indigenous consultation, yet Indigenous participants consistently regard these efforts as inadequate.

Process as Power draws on interviews, judicial decisions, and environmental assessment reports to demonstrate that consultation is a critical site where state legitimacy is contested. Both the Supreme Court of Canada and the BC Court of Appeal have emphasized that consultation is necessary to demonstrate state legitimacy in matters affecting Aboriginal rights. In spite of this mandate, the state puts at risk its own legitimacy when it unilaterally determines the extent to which Indigenous perspectives are incorporated into decision-making. In evaluating these systemic flaws, Minh Thuy Do considers potential reforms that can produce a more robust environmental assessment process aimed at respecting Indigenous governance and addressing the state's legitimacy deficits.