‘National interest’ must not be defined by economic interests alone. It must also reflect the rights of Indigenous peoples

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Mark Podlasly is a member of the Nlaka’pamux Nation and CEO of the First Nations Major Projects Coalition. Shaun Fantauzzo is the vice-president of policy at the First Nations Major Projects Coalition and formerly the director of Indigenous access to capital at Natural Resources Canada.

Last week, federal Minister of Intergovernmental Affairs Dominic LeBlanc tabled the Building Canada Act in Parliament. It proposes to give authority to the federal government to expedite and streamline approvals and permits for projects deemed by cabinet to be in the national interest. The plan is to enact legislation immediately.

The desire to move fast is understandable. Our economic partnership with the United States has come undone and global energy and trade relationships are realigning rapidly. Canada must take steps to become more competitive and connected. A more efficient and resilient framework for approving major projects is a great place to start – but no strategy to improve project delivery will succeed without First Nations partnership and leadership at every step.

First Nations can be expected to oppose anything that ignores, dismisses or reduces their role as constitutionally protected rights holders in the name of expediency or convenience. History has shown us that speed without partnership and mutual respect leads to delay, not progress. Backlash in British Columbia and Ontario to similar legislation has proven this. The federal government’s decision to give First Nations just one week to submit responses to the draft legislation before tabling it on June 6 drew similar criticism.

First Nations are not obstacles to development. Many are involved in planning, building and owning roads, railways, pipelines, ports, mines, power plants, transmission lines and other infrastructure that benefit their members, communities and economies.

In British Columbia, the 10 projects selected in BC Hydro’s 2024 Call for Power all have First Nations ownership stakes. First Nations across Alberta own a diverse portfolio of assets, including bitumen pipelines, wind and solar farms, a natural gas-fired generating facility and electric transmission lines. Selkirk First Nation initiated a process to acquire the full rights to Minto Mine in the Yukon and in Manitoba, Norway House Cree Nation recently purchased the Minago mine. Taykwa Tagamou Nation and Canada Nickel formed an investment partnership to develop the Crawford Nickel Sulphide Project in Ontario.

In the Northwest Territories, 27 Dene First Nations through Denendeh Investments own 50 per cent of Naka Power. Saskatchewan, Ontario and New Brunswick First Nations are involved in the nuclear sector, from generation and transmission to isotope production and waste storage. The Canada Infrastructure Bank and Hydro-Quebec are working together to support First Nation ownership of provincial wind projects. The list goes on.

Moreover, examples abound of First Nation employment, procurement and benefit sharing. While Indigenous individuals represent 4 per cent of Canada’s total workforce, they make up 6.9 per cent in oil and gas, 10.8 per cent in mining and 9.2 per cent in forestry. First Nation businesses are also increasingly involved in supporting major project development. Billions worth of contracts were awarded for LNG Canada and TMX alone. Natural Resources Canada is tracking more than 500 relationship agreements between First Nations and mining companies (e.g., impact benefit agreements).

The depth of First Nation participation in developing the Canadian economy should surprise nobody. Projects advance faster, and with more certainty and legitimacy, when First Nations are involved at the start as constitutional rights holders, environmental stewards, economic beneficiaries and commercial partners.

We commend the government of Canada for its initiative to build a stronger Canada, but the “national interest” must not be defined exclusively by economic interests. It must reflect the rights of Indigenous peoples, the honour of the Crown and the well-being of all Canadians. If designed, implemented and executed in true nation-to-nation partnership, the measures set out in the Building Canada Act could mark a turning point in Crown-First Nation relations. They could help demonstrate that faster project approvals and deep reconciliation are not mutually exclusive but mutually reinforcing if First Nation rights and interests are protected. Respect, joint decision-making and co-developed governance is required. The proof will be in implementation and careful steps must be taken to cultivate trust and build legitimacy.

The legislation affirms the Crown’s constitutional duty to consult and accommodate, as well as the principles of Free, Prior and Informed Consent as set out in the United Nations Declaration on the Rights of Indigenous Peoples. In determining whether a project is in the national interest, advancing “the interests of Indigenous peoples” is listed as one factor. The federal government also committed to investing in capacity development to help ensure that rights holders can make informed decisions and to supporting Indigenous economic participation and equity investment so that Indigenous peoples have more opportunities to influence and benefit from projects. We recommend going even further by including:

• Indigenous employment, procurement and ownership targets and requirements
• Access to capital supports through grants, concessional loans and loan guarantees
• Recognition of Indigenous approval processes
• Transparent metrics and reporting on Indigenous inclusion tied to project approvals

Canada’s Minister of Energy and Natural Resources, Tim Hodgson, remarked that “Indigenous partnership is at the heart” of the legislation. This sentiment is positive, but it raises the bar. It risks being perceived as symbolic and falling short of the nation-to-nation partnership that true reconciliation requires without concrete action. We can all be stronger together if we do this right and move at the pace of trust.