Environmental Contracting, Gender Assessment, and Indigenous Women in Canada: A Methodology for Benefit Agreements

Abstract

This article introduces a gendered methodology for analyzing environmental clauses in benefit agreements between Indigenous peoples and proponents, and makes recommendations for legal practice. Although the scholarship acknowledges that resource development affects Indigenous women differently than men, there has been inadequate focus on the gendered impacts of benefit agreements to date. Drawing on feminist contract theory and Indigenous feminist impact assessment, the author advocates incorporating gender into contract practice and suggests terms that emphasize women in data collection and analysis for community-based monitoring. Additionally, to bridge the gap between agreement terms and actual outcomes, the author presents a methodology for incorporating gender into environmental clauses, addressing how women will: (1) initiate projects and establish objectives for data collection; (2) facilitate gender responsive data collection and monitoring; and (3) ensure meaningful participation in data analysis and decision-making.