Assembly of First Nations (AFN) national chief Cindy Woodhouse Nepinak slammed the Liberal government for wanting to ram through legislation aimed at fast-tracking the development of large projects, arguing Prime Minister Mark Carney is not off to a great “start” on reconciliation.
Nepinak was flanked by AFN B.C. regional chief Terry Teegee and B.C. First Nations Justice Council chair Kory Wilson to release the organization’s justice strategy on Wednesday. But much of her criticism was directed at Canada-U.S. Trade Minister Dominic LeBlanc’s Bill C-5.
“You want to have this big national discussion. You don't want to end up back in court. You don't want to have civil unrest. Why not just invite us to the table, then? Let’s talk,” she said.
“It seems like First Nations always need to litigate, and then we get process and results later.”
Tabled last week, the bill seeks to drop interprovincial trade barriers and create a Major Federal Project Office to manage a process that would speed up the development of “nation-building” projects like mines, ports and pipelines. Approval timelines would be pared down to two years for projects that meet the feds’ conditions.
The bill commits Ottawa to consulting Indigenous people during the process. An Indigenous advisory council, whose members will include representatives of First Nations, Inuit and Métis, will advise the new federal office.
Still, questions remain as to how that will look in practice, with one First Nations chief warning the country could be “staring down the barrel” of another protest movement like that of 2012’s Idle No More.
Carney has said he wants to see the bill pass before the summer break, suggesting MPs could sit past the June 20 scheduled adjournment date to do so.
No splitting, says MacKinnon
But the legislation already has some opposition parties in a tizzy, with the Bloc urging the minority Liberals to split the bill into two, arguing a push to drop trade barriers would pass quickly while major project rules should be scrutinized more carefully at the House environment committee (which has not yet been established)
The NDP has not said whether it supports the Bloc’s request, though NDP MP Lori Idlout said yesterday she has “grave concerns” about the legislation, arguing it risks undermining Indigenous rights and speeding up any consultation process is the wrong way to go.
Idlout spoke shortly after government House leader Steven MacKinnon ruled out moving on the Bloc’s request, though he said he hasn’t tried to get consensus from other parties on sitting into the summer to secure its passage.
“This bill is a bill that responds to economic conditions caused by the tariff war, among other things, and mobilizes premiers and Canadians from coast to coast to coast behind projects of national significance. These projects have a certain urgency,” MacKinnon told reporters on his way into a caucus meeting.
“We understand that it’s going to be debated, but it’s something that we solicited and secured a mandate for.”
The Globe and Mail is reporting that the Senate will hold full hearings to study the legislation, as well as the government’s bill proposing a middle-class tax cut. According to sources, the bills will be reviewed over three days next week.
Looming meeting
But Nepinak urged parliamentarians to “hold off and allow for proper discussions" on the bill, telling Hill reporters she’s hearing from community leaders who want to discuss how the legislation will impact their regions.
She added the AFN has done a "preliminary" review and has concerns about the bill, but needs more time to get community feedback.
The national chief spoke after recent meetings with Carney and Crown-Indigenous Relations Minister Rebecca Alty, though Nepinak steered clear of commenting on specifics, saying only that the meeting went well and more work needs to be done on securing a “full seat at the table.”
The news conference also came ahead of an all-day national virtual forum on the bill, to be hosted by the AFN on Monday. For his part, Carney will be at the G7 Summit in Alberta at that time.
Nepinak said she expects a diversity of opinions to come out of the AFN gathering, but she ultimately “takes direction from chiefs and assembly when they pass motions” and issue resolutions.
“We need time, of course, to legally review it, politically review it as well. We’re not being given that time,” she said, arguing Carney’s promise to meet with First Nations over the summer on the matter falls short.
“I think you need to do that before you pass the legislation so (chiefs) can have input.”
For Teegee, allowing careful study of the bill could also allow for a dispute resolution mechanism to be baked into the legislation in case there is a lack of consensus on projects moving ahead.
Pressed on whether communities could have a veto on projects moving ahead, he said “no government” should have one because all governments must make a decision together.
“First Nations certainly need to be part of the decision-making process,” he added.
While Teegee called U.S. President Donald Trump’s trade war an "existential issue” for Canada, those “external pressures” shouldn’t be used to justify government “haste” on a bill. He warned that doing so could ultimately delay approval timelines even further if there is legal action.
“Far too often, it’s at the expense of our rights, title and interest. That can’t happen anymore,” he added.
The same warnings were given to Ontario Premier Doug Ford, who recently passed legislation meant to speed up development in designated “special economic zones,” which would be exempt from certain requirements under provincial or municipal law or regulation.
First Nations communities in particular have accused the premier of not properly consulting Indigenous people, saying the legislation could spark protests and blockades.The province, meanwhile, said it will consult with First Nations communities over the summer.
Ford recently pitched Ontario’s Ring of Fire as a nation-building project under Bill C-5 and has said he wants to designate the area as a special economic zone “as quickly as possible.”
Feds want ‘equity partners’
Nepinak spoke one day after Energy Minister Tim Hodgson touted the bill as targeting projects "that will define our future” and help make Canada a “clean and conventional energy superpower.”
The rookie politician referenced Carney’s push to build "decarbonized oil and gas projects” — a term already being questioned by one government adviser — and promised to build “new partnerships with Indigenous communities, not just as stakeholders but as equity partners” throughout the process.
Hodgson told the Canada 2020 Summit in Ottawa on Wednesday that the country cannot afford more delays in project development, arguing Canada’s economic ties with traditional allies like the U.S. are being “tested” and governments must act.
“The old days of doing business no longer serve us well, but a crisis is a terrible thing to waste,” he said. “We’re at a time at one of those rare moments in history where the decisions we make will impact not just the next four years but the next 40 years.”
