Chapter 20: Science and Indigenous Knowledge as the Evidentiary Basis for Impact Assessment

Abstract

In this chapter we consider the Impact Assessment Act’s approach to science and Indigenous knowledge. We begin by setting out the roles that science and Indigenous knowledge play in establishing the evidentiary basis for impact assessment and decision-making. We also consider the unsatisfactory manner in which science and Indigenous knowledge have been applied over the past four decades of Canadian impact assessment law and practice, and some of the factors that have been identified as contributing to this state of affairs. Having set the stage in this way, we then consider the specific provisions contained in the IAA with respect to science and Indigenous knowledge. Regarding science, much was said by the Liberal government during the period that led to the IAA’s development about the need for increased transparency and scientific rigour, as it was by the government-appointed Expert Panel on Federal Environmental Assessment Processes. While the IAA does reflect important gains on this front, including a new duty of scientific integrity, these alone are unlikely to yield the transformative change envisioned by the Expert Panel and anticipated by many observers as key to improving confidence in decision making regarding development projects. The improvements with respect to Indigenous knowledge are more significant but similarly do not address all of the impediments to its meaningful use in impact assessment. We end by considering some of the steps that must be taken to improve the application of science and Indigenous knowledge under the IAA to best ensure a strong evidentiary basis for decision making.

Keywords: environmental law, environmental assessment, impact assessment, science, indigenous knowledge

JEL Classification: K32