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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.

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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.

In northern Ontario, Canada, there have been two “negotiated” documents that required consultation between First Nations and the federated government of the land: Treaty No. 9 signed in 1905-1906 (Dominion of Canada, with the concurrence of the Province of Ontario) and Ontario’s Far North Act (2010). Treaty No. 9 has defined the relationship between First Nations and Canada; while, the Far North Act will define the relationship with Ontario. This article evaluated whether the Far North Act marked a new beginning or the reinforcement of an unacceptable relationship, using primary and secondary data analyses. Analyses revealed that the passing of the Far North Act was not a new beginning, but the continuation of an unacceptable relationship.