Assembly of First Nations National Chief Cindy Woodhouse Nepinak says the group will have a full response to the legislation in the coming days.Sean Kilpatrick/The Canadian Press
The Assembly of First Nations will hold an emergency meeting later this month to discuss federal legislation designed to speed up project approvals, amid concerns that the changes could infringe on Indigenous rights.
The online meeting will take place on June 16 and all 634 chiefs are invited to participate, AFN National Chief Cindy Woodhouse Nepinak said in an interview.
She said she spoke to Prime Minister Mark Carney on Thursday, adding that Parliament needs to ensure they have enough time to review it before it is passed.
“As I said to the prime minister, First Nations support efforts to protect Canada from economic uncertainty and advance resource-revenue sharing agreements,” she said. “However, First Nations are very concerned that this proposal may violate many collective rights.”
The AFN is now reviewing Bill C-5, which was tabled Friday, and will have a full response to it in the coming days, said Ms. Woodhouse Nepinak.
Along with the emergency meeting, she said that the AFN national executive will also be meeting to discuss strategy, potential legal implications and next steps ahead of the organization’s July general assembly.
Bill C-5 would create a federal “major projects office” that would identify projects “of national interest” and put them on a list for priority treatment. It looks to speed up decision timelines while still ensuring environmental protections and commitments to Indigenous rights, according to the federal government.
Nation-building projects are considered ones that, among other criteria, make a significant contribution to Canada’s prosperity and advance the interests of Indigenous peoples, the government said in a statement. Projects would only get the designation following full consultation with affected Indigenous peoples, it added.
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The proposed office would include an Indigenous advisory council with First Nation, Inuit and Métis representatives, said the statement, and the government will allocate funding to strengthen Indigenous participation. Officials said the government sent letters to 66 Indigenous groups ahead of the bill’s introduction to have a first discussion about its framework.
“Canada will uphold its constitutional obligations to consult Indigenous groups to ensure projects proceed in ways that respect and protect Indigenous rights,” the statement said. “We are committed to working in a way that respects our commitments to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act and the principles of reconciliation, including economic reconciliation.”
Earlier this week Justice Minister Sean Fraser said that First Nations do not get a “veto” over infrastructure projects, but then apologized the next day, saying his comments eroded trust.
Mr. Carney said that his government will do everything it can to have the bill passed before the summer break. If Parliament needs to sit longer to do so, it should, he said.
Ms. Woodhouse Nepinak said it’s important that Parliament take the time needed to make sure First Nations can properly review and propose amendments before it passes. It comes as many communities are also dealing with the wildfires, she said.
“We fear attempts to ram legislation through Parliament may have significant consequences,” she said, adding that rights are at stake and “failure to obtain free, prior and informed consent will likely result in protracted litigation.”
Ontario Regional Chief Abram Benedict, who heads the Chiefs of Ontario, called the federal government’s move to introduce the bill “disappointing” and “unfortunate.”
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He said Ottawa is well aware of the criticism of Ontario’s recently passed Bill 5, which also seeks to speed up mining and resource development by creating “special economic zones” where provincial laws can be suspended.
That bill, which passed this week, has sparked significant backlash from Indigenous groups, who warned it could reignite a wave of “Idle No More” Indigenous protests first launched in 2012.
Mr. Benedict said in an interview that both the federal government and the province should have reached out to First Nations to draft the bills in conjunction with them, and that Ottawa’s outreach to Indigenous communities beforehand was not sufficient.
“The government has to come forward to the table and have conversations with rights holders ahead of the legislation being implemented or even considered, so that they can best understand the concerns we have, and that we can come to some mutual understanding of what the legislation’s intent is, and what is going to be possible and what’s not,” he said.
He said his group was copied on a letter to the national chief from the federal government that solicited feedback on the bill, but his view is that the bill needs to be drafted in conjunction with First Nations. He added that First Nations are considering legal options, advocacy and “direct action,” including protests.
With a file from Stephanie Levitz and Steven Chase