The purpose of this thesis is to critically examine elements of public participation in
environmental decision-making and to propose that public participation processes may be made
more meaningful through the provision of comprehensive and flexible procedural mechanisms
coupled with a true ability to affect the outcome of the process, rather than through simply
granting more rights.
Over the years, natural resources management has grown as a response to ecological
concerns over the state and future of our environment. The law too, has developed to
accommodate environmental concerns and define legal rights and procedures. Public
participation becomes a vehicle for ensuring that affected interests are taken into account in
environmental decision-making.
In Chapter 1, the established and traditional means of involving the public in
environmental decision-making such as litigation and public hearings are examined; however,
they have been characterized as too restrictive, not only in terms of the parties who are included,
but also the issues. Furthermore, agency administration of complex resource management issues
has fuelled public discontent, as many groups understand it is an inherently political process and
doubt its legitimacy. In exploring this phenomenon, this paper is first placed in a theoretical
context, drawing upon ecological, legal, and ethical philosophies. However, it is also informed
by the perspectives of local environmental groups and residents.
The turn to other techniques, or Alternative Dispute Resolution, may seem a logical and
appropriate evolution, suggesting ways for all affected parties to be involved. Chapter 2 reviews
different forms of Alternative Dispute Resolution which provide some principles about the use of
mediation and agreements to supplement the regulatory processes of resource management. It is
important to consider the mediation process itself, the desire to remedy what is considered to be
the failings of the traditional adversarial system, the psychological dynamics of the process, and
the parameters for successful negotiations leading to implementation.
Chapter 3 commences with an analysis of the legal context of public participation in
British Columbia. It determines the discretionary authority of the administrative agencies, and
the formal window of opportunity for public input, under the (federal) Canadian Environmental
Assessment Act and the (provincial) British Columbia Environmental Assessment Act. This
chapter also discusses an additional and interesting vehicle for public participation, although not
yet implemented in British Columbia - the Environmental Bill of Rights.
Chapter 4 provides a more concrete setting for the use of public participation processes,
through the use of a case study - the British Columbia Transit Sky Train Extension Project. The
"NIMBY", or "Not In My Backyard" scenario involved has the potential to facilitate negotiation;
however, real inroads will be made through improving existing legal avenues of participation
such as consultation. In fact, this key concern has been the sore point with respect to the
Sky Train Project for many residents of Vancouver.
In conclusion, the utility of public participation processes expressed in environmental
legislation is reliant not only upon the ability of the law to be flexible enough to serve the various
natural resource interests of all stakeholders, but also to be conducted in a manner that is
inclusory and substantive. / Law, Peter A. Allard School of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/10439 |
| Date | 05 1900 |
| Creators | Kasai, Erika |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 19840168 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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