7. Concluding Remarks

• 7.1 Recommendations for Future Research

The criteria and better practice suggestions presented in Sections 5 and 6 provide a general framework for resolving some of the issues and addressing the dissatisfaction of Aboriginal peoples in relation to determining the significance of environmental effects. They are to be considered as a starting point. It is hoped that Aboriginal peoples, government and proponents alike will find them useful. Nonetheless, the researchers recommend that they be customized accordingly, to fit the needs and circumstances of the Aboriginal peoples/communities faced with a project undergoing a federal EA within their traditional territory. Therefore, the application and utility of the framework may vary considerably depending upon one or more of the following factors:

• the type of project and level (screening, comprehensive study, panel review) of EA which may dictate the relative level of involvement of Aboriginal peoples;
• Aboriginal peoples prior experience and level of experience with EA;
• Aboriginal peoples relationship with the proponent (e.g. existing positive or negative relationship, new relationship); and
• the intensity and type of environmental degradation and/or existent community impacts within the traditional territory associated with previous development activities.

The recommendations provided for “better practices” require a higher level of trust and commitment amongst all parties involved in EA than has been evidenced to date. With these better practices, the potential exists for proponents and government to feel that implementing some or all of them will result in higher costs and longer timeframes. Additionally, Aboriginal peoples may feel that their participation in the EA will be construed as “definite support for the project.” However, the benefits of these better practices far outweigh the costs, as does their implementation.

• Aboriginal involvement in all aspects of the EA will be improved, assisting in their decision-making processes about whether or not the project should proceed.
• The quality of the EA will be improved, reducing the chances that the EA report will be found deficient.
• There will be up-front commitments and agreements between the parties, resulting in a reduction in duplication of effort, effective scheduling and the potential for mid-EA court challenges.
• Participation of Aboriginal peoples in data collection and research will increase efficiencies. Moreover, the data and research will have other benefits and uses by communities.
• The potential for court challenges will be diminished.
• Aboriginal peoples will be building capacity that can be used during the operational phases of the project.
• Government will have a higher level of certainty that they are meeting their fiduciary obligation to meaningfully consult with Aboriginal peoples.

7.1 Recommendations for Future Research

This investigation has raised a number of themes or issues. Further or new research may contribute to a better understanding of how to increase Aboriginal involvement in EAs and/or improve both the quality and effectiveness of the EA process. Suggestions for further research include:

• Examining ways of formally introducing Aboriginal peoples worldview (e.g. perspective that individuals, communities and society have responsibilities to protect environment for future generations) and values systems (holistic definition of the environment as including people) into all stages of federal EAs;
• Revising the Agency’s Reference Guide: Determining Whether a Project is Likely to Cause Significant Adverse Environmental Effects to incorporate the views and concerns of Aboriginal peoples regarding their involvement in the
  • criteria (e.g. local impacts have same or greater importance than national)
  • methods (e.g. appropriate and meaningful inclusion of qualitative, observational, and/or traditional knowledge)
  • process (e.g. cooperative and consensus-based evaluation and interpretation of significance of impacts) of determining the significance of environmental effects; and
• Testing, evaluating and refining the criteria and better practice suggestions presented in this report to prove their usefulness and practicality. (This could be accomplished through the development of a partnership arrangement between the Agency, a RA, a proponent and one or more Aboriginal communities where a project is in its early stages of conception.)

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