Industry-Indigenous IBAs, Confidentiality, and Sustainability

Abstract

The primary purpose of this chapter is to explore within this context of the systemic failures of Canadian law the implications of industry-Indigenous impact and benefit agreements' (IBAs) public nature for the promotion of environmental protection and sustainability in the broadest possible terms, including but not limited to the environmental rights and interests of the Indigenous parties to IBAs. This chapter questions whether the bilateral and confidential nature of IBAs undermines their ability to promote environmental protection and sustainability. Answering that question affirmatively, the chapter proceeds to argue for carefully-tailored public disclosure of IBAs to ensure that they conduce to the greatest environmental benefit possible. Before undertaking that analysis, however, the chapter proceeds by first providing a brief overview of the concept of sustainability operationalized as experimental “learning by doing.”