1. Introduction

• 1.1 Background
• 1.2 Purpose and Objectives

1.1 Background

Deciding whether a project is likely to cause significant adverse environmental effects is central to the concept and practice of environmental assessment (EA). According to the Agency’s Reference Guide: Determining Whether a Project is Likely to Cause Significant Adverse Environmental Effects, “the focus of environmental assessment always narrows down to a decision of whether or not the project is likely to cause significant adverse environmental effects. Ultimately, the process of determining significance is the heart of environmental assessment.”

Many Aboriginal peoples ² across Canada depend upon a healthy environment for their social, cultural and economic survival. Therefore, Aboriginal peoples have a direct and immediate interest in the EA process and outcomes. Moreover, many of the larger natural resources development proposals, which are subject to federal EA, are situated in Aboriginal peoples’ traditional territories where their constitutionally protected Treaty and Aboriginal rights are enjoyed and practiced. In this regard, Aboriginal peoples have legal, as well as social, cultural and economic interests, in how the determination of significance of environmental effects is approached.

Many submissions have been made by Aboriginal peoples in the context of Comprehensive Study Reports, Panel Reviews and in the Five Year Review of the Canadian Environmental Assessment Act (the Act). It is evident from these submissions that Aboriginal peoples consider the current process of determining significance to be inadequate.

1.2 Purpose and Objectives

The broad purpose of this research has been to explore ways and means of improving the methodology and approach to determining significance in cases where Aboriginal interests and rights are involved. The two key objectives of the research were (1) to develop draft criteria for consideration when determining significance of environmental effects, and (2) to recommend “better practices” for evaluating the significance of environmental effects when the interests and rights of Aboriginal peoples are involved.

Specific objectives were to

1. Report on whether or not existing criteria and procedures used within federal EAs meet the needs and concerns of Aboriginal peoples.
2. Document the views and concerns of Aboriginal peoples concerning the methods by which the significance of environmental effects is currently determined.
3. Document the approaches and suggestions made by Aboriginal peoples concerning how the significance of environmental effects may be determined.
4. Develop recommendations as to how the process involved in determining the significance of environmental effects might be improved.

1 - Winds and Voices Environmental Services Inc. (WAVES) is a First Nations environmental consulting firm wholly owned by the Centre for Indigenous Environmental Resources.

2 - “Aboriginal peoples” is inclusive and refers to First Nations, Inuit and Metis individuals, families, communities, governments and organizations.

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