A Historical Institutionalist Understanding of Participatory Governance and Aboriginal Peoples: The Case of Policy Change in Ontario's Mining Sector*

Abstract

Objective. Natural resource policy has been a constant source of conflict between "Aboriginal" and "non-Aboriginal" stakeholders in Canada. We employ a historical institutionalist analysis to examine the extent to which changes to the Canadian Constitution in 1982 and Ontario's Mining Act in 2009 enabled Aboriginal communities to become equal partners in participatory governance arrangements in mineral resource sectors. Methods. We analyze primary sources consisting of federal and provincial legislation and in-person interviews conducted across Ontario in 2010. Results. The existing Canadian mining policy paradigm, while under significant pressure, has not yet been displaced by a new policy paradigm that would better accommodate the interests of Aboriginal stakeholders. Consequently, Aboriginal peoples' mineral resource claims are likely to remain unresolved. Conclusion. We suggest how a policy paradigm that both improves Aboriginal-state relations and reduces uncertainty in the mining sector offers a promising political foundation for participatory governance and cooperative engagement between stakeholders.

Evolutionary governance in mining: Boom and bust in peripheral communities in Sweden

“…Agreements between mining companies and local communities thereby come to be seen as a more or less private matter, albeit regulated to some extent through legislation. In Canada, for example, private mining companies are now compelled by law to sign impact and benefit agreements with indigenous communities before extraction may begin, formally removing the central state from the equation (Campbell & Prémont, 2017;Craik et al, 2017;Grant et al, 2014). Such developments have been criticised as a form of commodification of what should ultimately be a central state responsibility, and for burdening private companies with responsibilities for which they are not suited (Harvey, 2014;Stanley, 2016).…”