Assembly of First Nations Chief Cindy Woodhouse Nepinak says 'we find ourselves in a unique, challenging but opportune time' to have meaningful conversations on a range of economic and land issues.Spencer Colby/The Canadian Press
Indigenous chiefs from across Canada will meet in Winnipeg this week to debate how to leverage Ottawa’s major projects legislation to benefit their communities, while also ensuring they are at the table on matters of trade, the border and critical minerals development.
Prime Minister Mark Carney and his ministers spent the summer discussing the legislation’s implementation with Indigenous leaders. Some First Nations chiefs have been concerned it may trample on treaty rights and environmental protections. Others, however, are cautiously optimistic at the opportunity it could present.
“We find ourselves in a unique, challenging but opportune time to have really deep-dive discussions on economic development, economic opportunities, land issues in this country, and common goals that we all want to move forward with together,” Cindy Woodhouse Nepinak, the Assembly of First Nations national chief, said in an interview ahead of the AFN annual general assembly.
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Ms. Woodhouse Nepinak said the AFN will have legal experts speaking about the law, known as Bill C-5. Crown-Indigenous Relations Minister Rebecca Alty is expected to attend.
The assembly is taking place in Winnipeg from Sept. 3 to 5. There, the 634 chiefs of the AFN will debate and vote on draft resolutions, which if passed will set the direction for the organization’s leadership.
There are 53 draft resolutions being proposed on a myriad of topics. Two are directly about Bill C-5, while others are about topics such as trade, the border and mining.
The number of resolutions on a topic does not indicate the amount of likely discussion, Ms. Woodhouse Nepinak said, adding that she expects C-5 to dominate discussions.
Other subjects she expects to be widely discussed include child welfare, First Nations policing as an essential service, and the fall federal budget.
The Building Canada Act, which is part of Bill C-5, allows the federal cabinet to designate projects to be in the national interest, which exempts them from various laws to fast-track the approval process.
Mr. Carney has argued Bill C-5 is needed to build major projects and strengthen Canada’s economy in the face of trade threats from U.S. President Donald Trump.
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One of the AFN’s draft resolutions calls on the government to include closing the First Nations infrastructure deficit as a nation-building project. Ms. Woodhouse Nepinak said she expects it to pass.
The deficit includes basic infrastructure such as schools, roads, and health-care facilities. The AFN estimates $349.2-billion is needed to close it by 2030, and has repeatedly called on the government to address it.
Flying Dust First Nation Chief Tyson Bear, who proposed the draft resolution, said it should be listed under Bill C-5.
“If we don’t catch up, I think we’re going to fall further behind,” he said, adding it would create jobs and spur further economic development.
The draft resolution also calls on the government to ensure it lives up to its constitutional obligations for consultation and free, prior, and informed consent before going ahead with proposed projects.
Free, prior and informed consent is a legal concept under the United Nations Declaration on the Rights of Indigenous Peoples, which came into force in Canada in 2021. The Federal Court of Canada ruled in March that it does not amount to a veto but a right to a robust process.
That resolution also calls for the AFN to intervene, when appropriate, in any First Nations-led litigation against Bill C-5.
Another draft resolution is calling on the AFN to advocate for amendments to Bill C-5 and ensure that any related reviews and orders include aspects such as legislated protections of First Nations rights, and “no unilateral authority granted to any minister to define regulatory provisions, override environmental protections, fast-track permitting processes.”
Ms. Woodhouse Nepinak said she didn’t want to speculate on whether that one would pass, but is looking forward to the discussion.
There is also a draft resolution calling for a long-term First Nations trade strategy that looks at the challenges, priorities and opportunities for internal and international trade. A First Nations trade entity should be created, it said, and the implementation plan needs to have clear timelines and deliverables.
In the interim, the draft resolution adds that immediate priorities should include calling on the government to ensure First Nations rights are upheld for the U.S.-Mexico-Canada Agreement renegotiation, or any other new North American agreement, via First Nations negotiators.
Harlan Schilling, deputy chief for the Daylu Dena council, proposed the draft resolution and says it is about developing tools to advance First Nations trade.
Given the economic situation Canada faces with the Trump administration, “there is a lot of value and knowledge and techniques that First Nations, not just in British Columbia, but in Canada, can bring to the table,” he said.
First Nations knowledge can be used to ensure trade strategies are sustainable and equitable, he said. As Canada looks to new markets for growth, he added that First Nations people are the partners needed for success and longevity.
AFN chiefs are also proposing a resolution to develop a First Nations-led critical minerals strategy.