Prime Minister Mark Carney says the government, through Bill C-5, will finance equity ownership in nation-building projects for Indigenous peoples.PATRICK DOYLE/The Canadian Press
Prime Minister Mark Carney responded to criticism from Indigenous leaders over his government’s bill to fast track large projects, saying consultation and involvement with Indigenous peoples is “at the heart” of Ottawa’s plans.
He made the comments Thursday after opposition parties amended the bill in committee to address some of the concerns expressed by Indigenous groups.
Bill C-5 creates two new federal laws. The Free Trade and Labour Mobility in Canada Act aims to eliminate federal barriers to interprovincial trade and that section has been relatively uncontroversial.
However, Indigenous and environmental advocates in particular have expressed strong concern with the bill’s second element, The Building Canada Act, which aims to help implement a Liberal campaign pledge to fast track approvals for large infrastructure projects that are in the national interest.
The general premise of the bill is that it would allow cabinet to list specific large projects as national priorities and then exempt them from the application of various laws, or aspects of laws, in order to speed up the approval process.
Critics say the proposed changes would weaken existing requirements related to Indigenous consultation and environmental protection.
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At a news conference Thursday, Mr. Carney was asked to respond to those concerns.
“The first thing is that at the heart of this legislation is section 35 of our Constitution. At the heart is not just respect for, but full embrace of, free, prior and informed consent. It has to be seen as well, in parallel, with very major measures that this government is taking to not just support those partnerships, but also to finance equity ownership in these nation-building projects for Indigenous peoples, Indigenous groups, Indigenous rights holders,” he said.
He then added that the legislation lays out a process for consulting and working with Indigenous peoples in the process of selecting specific projects.
“Consultation, co-operation, engagement, participation is at the heart of C-5 and that is how you build a nation. And that’s very much how we’ve designed it,” he said.
The bill was reported back to the House of Commons Thursday by the transport committee, which approved a long list of amendments.
Conservative MP and committee member Philip Lawrence said in a statement that the amendments ensure that the government can’t use the legislation to circumvent a host of laws, such as the Lobbying Act, the Conflict of Interest Act and the Indian Act.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak urged MPs during a committee hearing Wednesday to allow more time for the bill to be studied and to remove the Indian Act from a list of laws that could be circumvented.
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She said in an interview Thursday morning that her organization was analyzing the amendments to the bill.
She thanked the Conservatives and the Bloc Québécois for removing the original bill’s reference to the Indian Act.
She reiterated that the AFN is still very disappointed that First Nations rights holders were shut out of the legislative process. A couple of chiefs are for the bill, she said, while many are not.
“They are not having a chance to be heard,” she said.
Ms. Woodhouse Nepinak said she was concerned that the original power to circumvent the Indian Act could have been used to override First Nations rights. An AFN staff member told the transportation committee this week that they never received an explanation from the government as to why the Indian Act was referenced in the original bill.
Minister of Crown-Indigenous Relations Rebecca Alty, left, and Mr. Carney, right, in Ottawa on June 6. Indigenous and environmental advocates are concerned with legislation that aims to fast track large infrastructure projects deemed to be in the national interest.Sean Kilpatrick/The Canadian Press
Crown-Indigenous Relations Minister Rebecca Alty, speaking to the Senate on Tuesday, said that when moving forward with projects, some communities are subjected to “archaic provisions” under the Indian Act. She said any exemption to advance a project would be in consultation with First Nations.
Government House Leader Steven MacKinnon said Thursday that cabinet ministers are reviewing the committee’s amendments.
He later said in the House that he hopes to have the legislation adopted before Canada Day.
Friday is the last scheduled sitting day of the House of Commons before breaking for summer until mid-September.
The Senate is scheduled to sit next week and is expected to give final approval to C-5.
NDP MP Leah Gazan strongly criticized the bill in Question Period, predicting it will lead to court challenges.
“Indigenous rights holders and civil-society groups have been clear: Bill C-5 violates constitutional rights, escalates the climate crisis and endangers workers health and safety,” she said.