Access to Environmental Justice in Canadian environmental impact assessment

Abstract

Contemporaneous reforms to Canada and British Columbia's environmental impact assessment legislation have the potential to advance Access to Environmental Justice. Access to Environmental Justice is the ability of individuals and communities who are disproportionately and negatively impacted by environmental decisions to access legal and regulatory processes and to have their concerns heard and addressed through environmental decision-making and dispute resolution. Access to Environmental Justice connects concepts of environmental justice, public participation, the rule of law, and access to justice to provide a framework for evaluating the implementation of environmental impact assessment laws. We conducted a preliminary analysis of early implementation of legislative reforms in Canada and British Columbia. Our analysis indicates that a number of factors influence who is seeking to access environmental justice through environmental impact assessment, including geography, project type, and the availability of a legislative mechanism that allows anyone to request an assessment. Whether Canada and British Columbia's reforms are advancing Access to Environmental Justice requires continued analysis as projects continue to be assessed under the new laws.

Keywords

• environmental impact assessment
• environmental justice
• public participation
• rule of law
• access to justice