On June 11, 2003, Bill C-9, An Act to Amend the Canadian Environmental Assessment Act, received royal assent. In the midst of such change, this paper examines the role of mediation in the federal assessment process. Although CEAA contains many references to mediation, this form of alternative dispute resolution has never been used under the Act. Consequently, federal assessments have neither
... [Show full abstract] enjoyed the advantages nor suffered the disadvantages that mediation offers. This paper explores ways to limit these disadvantages. Indeed, environmental mediations have many dangers. Although they hope to create a private forum in which interested parties can reach an agreement, environmental disputes are public, not private. Consequently, many dangers arise, including power imbalances between the parties; the under-representation of environmental interests; private analyses of public risks; and the unaccountability of mediation settlements. This paper suggests the federal government, using the principles of public participation and precaution found in the Rio Declaration, must refine CEAA’s use of environmental mediation. Filtered through these principles, CEAA mediations could minimize their inherent disadvantages and become a framework for sustainable development.