A friend once asked me if I could explain how governments make decisions about public policy. I thought it might be time to review the answer since so much controversy has arisen in regard to the Northern Gateway pipeline decision. As was reported by the National Post the federal government has approved the pipeline project with over 200 qualifications and they did it without any fanfare. The reason for this, as Jen Ditchburn argues, is likely two fold. First, the majority of British Columbians are against the pipeline project and there is a federal election next year.
And second, as she says, "the Northern Gateway is no done deal, and continuing to hitch a political wagon to something that might never see the light of day doesn't make a whole lot of sense." This is a critical point. The Gateway project might be one more step closer to reality because of federal approval but it is still miles from the finish line.
For opponents of the project it would have been easier if the federal government had just said, "No" but this was always unlikely under a pro-development government. Prime Minister Harper has always said that this is an important project in the long-term plans for Canada's financial future. In fact, he went so far to say that foreign money was supporting environmentalist in their fight against oil resource extraction and distribution but he did not extend this same logic to foreign investors in the oil industry. The Conservatives have never hidden their pro-business position. And, as I often argue, the power of the governing party / leader to implement their ideas, ideology, and policy approach is fairly unrestricted in a majority government situation. So why then are some analysts saying that this project is "unlikely to see the light of day?"
Traditionally we have understood the governing structure in Canada to have been framed by jurisdiction in the Constitution. There is a clear division of power between the federal government and the provincial governments: "natural resources" is an area that belongs to the provinces but "the environment" is not enumerated in either list. Both the federal government and the provinces have assessment processes but there is no explicit constitutional protection for the environment. In the past, decisions around resource extraction have been confined to federal / provincial relations.
Over the last thirty years or so, traditional government has changed somewhat. In academics we have started using the term "governance" to describe the new model. This new model includes a wider range of "actors" who influence the decision-making process. Some of the "actors" are actually government actors and some are not. Local and municipal governments have been drawn into more areas of public policy even though they have no constitutional authority. Traditionally, of course, industry has always had a strong role in influencing government decisions. Where the "governance" model of decision-making has changed is in relation to the number of social forces that exert pressure on policy.
First Nations have two very important roles in the decision making process. First, they are, in many ways "government" actors. The 1982 Constitution Act ensured that First Nations rights and title would be protected and the Supreme Court has upheld that promise through many court decisions since then. Courts have become an avenue by which policy decisions can be reversed or halted.
First Nations have also become strong social forces in Canada. Where Constitutional rights can be slow in manifesting policy outcomes, protests and appeals to the wider civil society have brought considerable power to First Nations although British Columbia still has very few settled treaties.
Other "actors" that have arisen in this process are non-governmental organizations like environmental interest groups. British Columbia has been deeply influenced by the role of these organizations. They have changed the political culture and they have raised awareness about land-use and environmental degradation.
This pipeline project has a long way to still to go and without doubt the "government" of British Columbia, even with its majority, will still have to contend with the strong political and social forces that will oppose this development. The federal government is just one player, albeit an important one, in the process. Their absence from the announcement about the pipeline should not surprise us. There is nothing yet for them to celebrate.
