Canada’s Impact Assessment Act, 2019: Indigenous Peoples, Cultural Sustainability, and Environmental Justice

Abstract

It is well documented that the colonizers of Canada have long coveted the ancestral homelands of the Canadian Indigenous peoples for settlement and development. With this end goal in mind, it is not surprising that there exists an extensive history of assimilative efforts by the colonizers with respect to the Indigenous peoples of Canada—for example, legal assimilation through enfranchisement (voluntary and involuntary) and blood quantum requirements, and cultural assimilation through residential schools and the “sixties scoop”. Another form of assimilation is environmental assimilation, that is, colonial development on Indigenous homelands to the extent whereby Indigenous cultural activities can no longer be supported in the development-transformed environment. Herein, I examine Bill C-69, a Government of Canada omnibus bill, through an environmental justice lens in the context of development across Canada on Indigenous homelands and impacts on Indigenous cultural sustainability. Specifically, Part 1 (i.e., the Impact Assessment Act, 2019) and Part 3 (i.e., the Canadian Navigable Waters Act, 2019) of Bill C-69 pose significant threats to Indigenous cultural sustainability. Through an environmental justice lens, procedural aspects include the use of the project list and scheduled waterways, the discretionary decision-making powers of the Government of Canada representatives, and the lack of acknowledgement of procedural elements of the environmental assessment processes that are constitutionally protected in comprehensive land claims. While, distributive justice aspects consist of unsustainable development from an Indigenous perspective, whereby environmental costs and benefits have been (and will be) distributed inequitably. Bill C-69 is a flawed statute that reinforces the colonial policy of assimilation.

Indigenous Land-Based Approaches to Well-Being: The Amisk (Beaver) Harvesting Program in Subarctic Ontario, Canada

“…Acculturative stress is the reduction in health status for those who have experienced acculturation [ 3 ], that is, changes to the Indigenous culture as a result of colonization and the assimilative efforts of colonizers [ 63 ]. Assimilative efforts in Canada, such as legal assimilation (voluntary and involuntary), the residential school system, the “sixties scoop”, and environmental assimilation, have transgenerational impacts [ 2 , 3 , 64 , 65 ]. This was discussed by one of the Elders, who discussed the negative impacts that colonization had on youth, who were unable to experience on-the-land activities with their families.…”

“…Similar results have been noted in other studies assessing the impacts of land-based activities on diabetes [ 78 , 79 , 80 ], cancer [ 80 ], cardiovascular health [ 81 , 82 ], wellness [ 83 , 84 ], and well-being [ 85 ]. This idea of Indigenous culture, identity, lifestyles, well-being, and being deeply rooted in their homelands, has recently been acknowledged in health and research [ 4 , 26 , 83 , 86 ], but has long been espoused by Indigenous leadership and organizations [ 2 , 65 ]. Thus, it is not surprising that the land is of central importance to the Omushkego Cree culture, where reciprocal relationships with the land provide for their subsistence lifestyles, and in return they are stewards of the land [ 65 , 87 , 88 ].…”

“…Although there has been a disruption to the dissemination of Indigenous knowledge because of the residential school system [ 24 ], and other assimilative initiatives in Canada and worldwide [ 2 , 65 ], on-the-land programs are essential to cultural continuity, environmental sustainability, and well-being. The complementary use of Indigenous and mainstream western knowledge systems has been identified as an inclusive and equitable way for managing ecosystems and addressing environmental challenges [ 93 ].…”

“…Meanwhile, colonization has negatively impacted Indigenous cultures, resulting in a decrease in traditional activities [ 1 ]. To rebuild the traditional knowledge systems and regain what was lost due to colonial assimilative policies (e.g., residential schools) [ 2 ], the younger generations need to be reconnected to their Elders and the land [ 3 , 4 ]. Increased participation in traditional practices and partaking in a traditional diet has been shown to not only provide physical benefits but also create positive impacts on the overall well-being of the individuals and communities [ 5 ].…”

Indigenous Land-Based Approaches to Well-Being: The Niska (Goose) Harvesting Program in Subarctic Ontario, Canada

“…Food systems in these communities are either comprised of traditional food, which has been obtained through harvesting or sharing, or market foods, which are bought in stores [ 4 ]. Traditional harvesting practices which are deeply rooted in familial and social systems of Indigenous communities continue to be negatively impacted by colonization and colonial assimilative policies (e.g., residential schools) [ 2 , 6 , 7 , 8 , 9 ]. This disruption has contributed to the growing issue of food insecurity amongst Indigenous peoples in Canada [ 3 , 4 , 10 ].…”