The Berger Inquiry in Retrospect: Its Legacy

Abstract

The following article was originally presented as the inaugural lecture of the Willms and Shier Speaker Series in Environmental Law, in collaboration with the Centre for Environmental Law and Global Sustainability in the Faculty of Law at the University of Ottawa on 29 September 2015 by the Honourable Justice Stephen T. Goudge. Reflecting on the lessons and impacts of the McKenzie Valley Pipeline Inquiry, chaired by then Justice Thomas Berger, the article considers the lasting impact of the Berger Inquiry forty years later, including the successful recommendation to abandon plans to develop the north slope of the Yukon, in favour of conservation. The Berger Inquiry has had lasting social impacts by contributing to the rise of a collective northern voice and highlighting the fundamental importance of Indigenous interests in charting the future. In his postscript, Justice Goudge adds his hope that the Missing and Murdered Indigenous Women Inquiry will emulate the Berger Inquiry in three fundamental ways: by developing inquiry processes that build trust among those most affected; by proposing expeditious and timely recommendations; and, most importantly, by doing what is right.