Prime Minister Mark Carney listens as Minister of Indigenous Services Mandy Gull-Masty speaks at a news conference in the House of Commons after Bill C-5 passed in the House in June.Justin Tang/The Canadian Press
Many First Nations chiefs say they are still skeptical heading into Thursday’s meeting with Prime Minister Mark Carney, stating that the stakes are high but their expectations are low that significant progress can be made on the Liberal government’s major-projects legislation.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak said she is giving Mr. Carney the benefit of the doubt that he will deliver at the meeting in Gatineau, while British Columbia Assembly of First Nations Regional Chief Terry Teegee was less optimistic.
“I’m a bit more cynical,” said Mr. Teegee. “I mean, just look at the process you’ve seen with the last-minute agendas and everything that has come about with this C-5 legislation.”
If there is a success, he thinks it will be getting a solid commitment from Mr. Carney of how free, prior and informed consent from Indigenous groups for any activity on their traditional territories will be implemented.
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While the UN Declaration on the Rights of Indigenous Peoples, which came into force in Canada in 2021, talks about the need for free, prior and informed consent, the Federal Court of Canada ruled in March that this does not amount to a veto but a right to a robust process.
Part of Bill C-5, known as the One Canadian Economy Act, allows the federal cabinet to deem projects to be of national interest and then exempt them from various laws in order to speed up approvals.
The legislation has been met with criticism from many Indigenous groups that say they are not against development but want to ensure their treaty rights are protected. The federal government has said Indigenous people who could be affected by potential projects will be fully consulted at key stages.
Chiefs at an AFN press conference Wednesday stressed that they want to be included in any economic development and revenue resulting from the major projects. They have a range of views on Bill C-5, Ms. Woodhouse Nepinak said.
She also said that she hopes chiefs are heard at Thursday’s meeting, which was announced after Bill C-5 passed in the House of Commons despite Indigenous groups saying they weren’t properly consulted.
Mr. Carney “has to also listen to First Nations leadership – more listening, rather than talking about how they want to proceed forward,” she said.
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Chiefs have made it clear that First Nations’ consent for major projects is not optional, Ms. Woodhouse Nepinak said. She also stressed she would like to see action to address the First Nations infrastructure deficit.
Speaking to reporters Wednesday, Mr. Carney said Bill C-5 is “enabling legislation” and allows for discussions about what a nation-building project is. He said the first part of that engagement is the meeting with First Nations chiefs, which will focus on how to work together and what the priorities are.
He added this is not a consultation.
Dene National Chief George Mackenzie, who is the Northwest Territories regional chief for the AFN, said chiefs are waiting to hear from Mr. Carney.
“We need to hear from the Prime Minister,” he said. “We, the treaty people, don’t want our treaty to be thrown to the side for the sake of development.”
Thursday’s final agenda, shared with The Globe and Mail by the Chiefs of Ontario, includes remarks from Mr. Carney and Ms. Woodhouse Nepinak. There are four working sessions, each lasting 60 to 90 minutes, on several topics: open dialogue on meaningful consultation; the major projects office and the Indigenous advisory council; First Nations economic prosperity; and partnership and participation.
The final working session – called “working together” – is a moderated discussion with Mr. Carney and relevant ministers. Emily Williams, a spokesperson for Mr. Carney, confirmed that he intends to attend as much of Thursday’s meeting as possible, barring any urgent matters that could arise.
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A draft agenda was sent out last week, with the final agenda sent at midnight Tuesday evening. Kahnawà:ke Grand Chief Cody Diabo said he thinks this engagement has been rushed.
“If they’re having a very difficult time organizing this, how are they going to handle billion-dollar projects and all the concerns that we’re raising?” he said.
The Chiefs of Ontario also said it is disappointed that technical staff, experts and lawyers from organizations and First Nations were uninvited after they were allowed to register.
“This legislation has the potential to fundamentally change this country and it’s unrealistic and unfair that the government has technical staff and lawyers in the room, but Chiefs will not have that support,” it said in a statement.
Mr. Diabo said support staff will be able to join the meeting virtually, making communication more difficult.
Wet’suwet’en Hereditary Chief Na’Moks, known as John Ridsdale, will also attend after receiving a last-minute invitation.
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The federal government had asked chiefs to submit questions in advance via an online portal, with the ability to vote on or endorse ones that were submitted by others. As of Wednesday afternoon, 52 questions had been sent it.
“Is Canada prepared to co-develop dispute resolution mechanisms that do not require expensive court action by First Nations to protect their rights?” asked Chief Karen Bell of Garden River First Nation, which is near Sault Ste. Marie, Ont.
Earlier this week, nine First Nations in Ontario filed a lawsuit seeking to have Bill C-5 and Ontario’s Bill 5 struck down, calling for an injunction. Bill 5 allows for the creation of “special economic zones” where any provincial law could be suspended.
Three chiefs supporting the lawsuit said Wednesday that they planned to attend the meeting with Mr. Carney: Taynar Simpson of Alderville First Nation; June Black of the Apitipi Anicinapek Nation; and Sheri Taylor of Ginoogaming First Nation.
Ms. Black said that she would tell the Prime Minister, if she did get to speak with him, that First Nations still want to work with the federal and provincial governments.
“What I would say to Carney is that we need to work together,” Ms. Black said. “We have always worked together. And we need to continue to work together.”
Editor’s note: A previous version of this article incorrectly stated that the Supreme Court made a ruling in March about the UN Declaration on the Rights of Indigenous Peoples. The ruling was made by the Federal Court of Canada.