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Distributed for University of British Columbia Press

Process as Power

The Legitimacy of Indigenous Consultation in British Columbia Environmental Assessments

Distributed for University of British Columbia Press

Process as Power

The Legitimacy of Indigenous Consultation in British Columbia Environmental Assessments

Uncovers the failure of British Columbia to reach true collaborative governance with Indigenous Peoples through the environmental assessment process.

In British Columbia, major resource development projects require environmental assessment, and Indigenous Peoples whose lands will be affected are legally entitled to consultation. Yet, as projects from the Galore Creek mine to the Trans Mountain pipeline expansion illustrate, the purpose and outcomes of these consultations often diverge.

In Process as Power, Minh Thuy Do draws on interviews, judicial decisions, and environmental assessment reports to explore the dynamics of Indigenous consultation. Courts, including the Supreme Court of Canada and the British Columbia Court of Appeal, have emphasized consultation as a means of demonstrating state legitimacy in matters affecting Aboriginal rights. However, Indigenous participants frequently view these processes as illegitimate, as the state largely controls how Indigenous perspectives are incorporated into project decisions.

Do evaluates the flaws of the current system and proposes reforms to create a more robust environmental assessment process—one that meaningfully advances reconciliation and addresses deficits in state legitimacy, offering a crucial contribution to debates on resource development, Indigenous rights, and governance in Canada.

252 pages | 3 figures, 12 tables | 6 x 9 | © 2026

Law and Legal Studies: General Legal Studies

Native American and Indigenous Studies

Political Science: Public Policy


Reviews

"Process as Power: The Legitimacy of Indigenous Consultation in British Columbia Environmental Assessments is one of the few comprehensive, detailed, and systematic analyses of the operationalization of the duty to consult in Canada. It contributes to our understanding of the inherent and procedural limits of the duty to consult, and adds analytical and empirical depth to the existing body of more normatively oriented scholarship on Indigenous-Crown relations."

Martin Papillon, Department of Political Science, Université de Montréal

"This important research further contributes an understanding of how required legal consultation in actuality fails ethical and legal obligations of the Canadian state towards Indigenous peoples. Continued documentation and ongoing analysis remain critical to resolving these failures, and Minh Do’s work makes a useful contribution to that necessary undertaking."

Annie Booth, Faculty of Environment, University of Northern British Columbia

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