AFN National Chief Cindy Woodhouse Nepinak says some First Nations want to support the legislation, but also want to ensure their rights are protected.Sean Kilpatrick/The Canadian Press
Assembly of First Nations National Chief Cindy Woodhouse Nepinak has warned senators she cannot predict what will happen if Bill C-5, the government’s legislation aimed at fast-tracking major projects, passes this month.
“I think nothing’s off the table, and that’s why I’m saying – take the summer, take the fall” to consult with First Nations, she told senators.
The AFN, which represents 634 First Nations, held an emergency meeting Monday to discuss the legislation. The Chiefs of Ontario are also protesting it on Parliament Hill on Tuesday.
Ms. Woodhouse Nepinak, Inuit Tapiriit Kanatami president Natan Obed, and Manitoba Métis Federation president David Chartrand spoke in the Senate on Monday about Bill C-5, known as the One Canadian Economy legislation. Internal Trade Minister Chrystia Freeland and others also spoke earlier in the day.
First Nations understand that the situation in Canada right now is unprecedented, Ms. Woodhouse Nepinak said, and they also want to grow and flourish. However, “not at the stake of their rights,” she told the senators.
In an interview with The Globe and Mail, she said First Nations could protest, take legal action, or consider a number of other steps. She told senators she’s not yet in a position to say more. She said they will meet at the AFN general assembly taking place Sept. 3 to 5 and will be meeting with chiefs individually throughout the summer.
“First Nations will be able to decide for themselves on what they want to do,” she said.
What federal Bill C-5, the One Canadian Economy Act, is all about
The AFN’s emergency meeting heard a diversity of opinion, she said. Some wanted to support Bill C-5, but wanted to ensure their rights are protected, while some others are unsure or worried, or haven’t had time to digest it.
“We’ve got some lawyers that are still reviewing it, so we’ll send that out again to the chiefs in the weeks ahead,” she said.
Ms. Woodhouse Nepinak, Mr. Obed and Mr. Chartrand expressed concern to senators about the impact the legislation could have on their rights and urged Parliament to take more time on it. Mr. Chartrand says he supports the legislation, but needs details around consultation to be worked out. He told senators that he is extending trust to the government and wants it to be honoured and respected.
The legislation is a major test for Prime Minister Mark Carney, who has emphasized the need to get significant projects built in order to shore up Canada’s economy in the face of trade threats from the United States. He has suggested he wants to have Bill C-5 passed by Canada Day.
Along with reducing internal trade barriers, the legislation aims to fast-track projects deemed by the government to be in the national interest and speed up approvals from five years to two.
The legislation, however, could also test the Liberal government’s commitment to reconciliation with Indigenous peoples.
When asked about Indigenous consultation, Ms. Freeland noted there will be an Indigenous Advisory Council with First Nations, Inuit and Métis representatives within the proposed major projects office. There will also be federal funding aimed at ensuring Indigenous peoples have the capacity to fully participate in that process, she said – $18.6-million per year from 2025-26 to 2028-29.
New federal legislation would cut internal trade barriers, advance ‘nation-building’ projects
The government has said projects would not be deemed in the national interest without the consultation of affected Indigenous peoples.
Mr. Chartrand said he wants to know the details around the consultation process outlined in the bill, including how the advisory council would work. He said he thinks the government would clarify this quickly.
In saying he supports Bill C-5, he spoke about the economic threats the United States poses.
“I’m worried about the economy in this country, because if that economy is not working well, I know . . . my people are going to suffer,” he said, adding housing and educational support programs could be cut.
“We just started to invest into the future of our people, and it’s all at risk by what’s happening right now,” he said. “Time is of essence, yes, but trust is everything.”
Mr. Obed said that senators should invite representatives of each of the four Inuit treaty organizations that Inuit Tapiriit Kanatami represents. He says he is concerned the legislation creates the risk that Inuit treaty rights are infringed.
It also creates the possibility that national interest projects end up in court, with litigation causing significant delays, he said. As such, it may end up creating instability and ultimately undermine investor confidence, which would slow down the pace of investment needed in Inuit homelands, known as Inuit Nunangat.
Mr. Obed said that if done well, this legislation could help increase the amount of infrastructure in the North that would benefit Inuit. He said ITK has identified more than 70 nation-building projects.
“In many ways, Canada still sees its Arctic, our homeland Inuit Nunangat, as a frontier,” he said. “There’s an incredible opportunity, potentially, to really become an Arctic nation in the true sense of the word, and this legislation, if done well, could greatly aid and abet that opportunity.”
Mr. Obed added this legislation cannot repeat significant past harms Inuit have faced resulting from past government expansion and development in the Arctic.
“Respect and equity must be hallmarks of the new legislation,” he said. “This includes respect for Inuit rights and the Inuit-Crown treaties, which establish obligations and relationships benefiting not only Inuit but all Canadians.”