In Canada, the use of omnibus budget bills in recent years has grown substantially. In 2012, it was used twice by the Government of Canada. As a result, a number of substantial changes to environmental legislation were introduced with virtually no debate nor compromise. This situation has been criticized for seriously reducing the credibility of the budget process and the authority of Parliament in Canada, as well as undermining the transparency and accountability of the policy-making process. This paper describes how changes to major policies through the use of omnibus bills (all, arguably, in the name of faster project review decisions) affect not only established environmental protection efforts, but also the public and Aboriginal (First Nations, Inuit and Metis) peoples, particularly in terms of their capacity to effectively participate in resource development.
Despite Canada’s positive reputation in international circles regarding environmental protection, there are recent signs that this is no longer warranted. Recent changes to the Canadian Environmental Assessment Act (CEAA) clearly present governmental intentions to focus efforts on stimulating economic growth through more rapid resource exploitation at the expense of the environment. Moreover, when assessing the impact of CEAA 2012 on Aboriginal people, one must look beyond the Act itself and take into account other pieces of policy to see the true effects because there are a number of other governmental initiatives that further weaken Aboriginal peoples’ capacity to participate in the resource development review process for undertakings that affect their traditional lands. The result is the silencing of the people who are most affected by resource development.
In Brazil, Environmental Impact Assessment (EIA) has been part of the environmental legislation since 1981 when the Brazilian National Environmental Policy (BNEP) was established. The BNEP established several tools intended to reconcile socio-economic development with environment conservation. More than twenty years have passed, and what is still seen in general is a need for improved capacity to implement these instruments to their full extent, particularly because of the lack of integration among these tools and, in many instances, a lack of the necessary levels of power and resources to enforce the very instruments that are aimed at integrating environmental concerns into decision-making. A brief background about the EIA process in Brazil is introduced, as well as regional examples of Capacity Building (CB) initiatives undertaken. Finally, a systemic approach to build EIA capacity is presented. The main conclusion is that CB is needed to effectively implement EIA components in Brazil and a systemic approach might offer improved outcomes to achieve desired levels of EIA capacity.
There is existing tension within many Aboriginal communities between economic development and preservation of traditional lands for the continued practice of traditional activities. The "duty to consult" doctrine has has become an important mechanism by which these concerns were identified and addressed (when possible) prior to development. This is a legal requirement that is rooted in the Constitution Act (1982) and subsequent legal case law that has further defined and outlined requirements under this obligation. This article describes the process that was carried out to advance the proposed Kabinakagami River Hydro Project Class Environmental Assessment in Northern Ontario, Canada with an emphasis on the approach to Aboriginal consultation. This project is unique because the co-proponent of the project is an Aboriginal community, with several neighbouring Aboriginal communities potentially affected by the project. This project raises questions about the approach to carrying out the duty to consult in an effective way. An evaluative framework was developed to examine timeline, information, means, and flexibility and transparency of the process to highlight shortcomings in the process and make recommendations for improvement.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.