A liquid natural gas carrier ship docked at LNG Canada's export facility in Kitimat, B.C., August 19.Jesse Winter/Reuters
The federal government has appointed a vocal critic of its major-projects legislation to the Indigenous Advisory Council that will advise on the law’s implementation.
Treaty 8 Grand Chief Trevor Mercredi is one of 11 First Nations, Inuit and Métis leaders who will serve on the council, the Prime Minister’s Office announced Wednesday.
Mr. Mercredi criticized the legislation at a House of Commons committee in June. “Its process is unconstitutional and its content is unacceptable,” he said about Bill C-5 on June 18.
He called on the government to make several amendments to the legislation, including explicitly adding free, prior and informed consent to it.
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 ruled in March that it does not amount to a veto but a right to a robust process.
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“If Canada wishes to be a global leader in Indigenous rights, it must first uphold its legal and treaty commitments at home,” he told MPs. “It has a duty to uphold the honour of the Crown. We stand by, ready to partner.”
Later in July, Mr. Mercredi said that the chiefs came to a summit with Mr. Carney with “very heavy concern.”
“We simply came here to assert our rights and make sure that each and every person understands what they’re in for if they’re coming for our resources,” he said.
The Globe reached out to Mr. Mercredi for comment via his Facebook page and Treaty 8 chief administrative officer Jamie Koe. Mr. Koe said there would be no statements or interviews at this time, but an interview could happen when Treaty 8 is prepared to make a statement.
When asked about Mr. Mercredi’s appointment Wednesday, Indigenous Services Minister Mandy Gull-Masty said different perspectives on the process are important.
“I think when you bring those two dynamics together, it really allows for a thorough, thorough review of what we’re trying to do,” she said.
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Other prominent members of the council include Assembly of First Nations Yukon Regional Chief Kluane Adamek, who said her role as regional chief ends Sept. 30, and Crystal Smith, the former chief of the Haisla Nation.
Ms. Smith is known for her work on Cedar LNG, an Indigenous majority-owned liquified natural gas project under construction in Kitimat, B.C.
A part of Bill C-5, the Building Canada Act, allows the federal government to deem certain projects in the national interest, which then exempts the projects from various legal requirements to speed up approvals. The legislation created a Major Projects Office to serve as a single point of contact to identify and fast track initiatives.
The office is led by long-time energy executive Dawn Farrell and is headquartered in Calgary.
While some Indigenous communities have voiced concerns that the legislation could affect their treaty rights, Mr. Carney’s government said they will be fully consulted at key stages.
The Prime Minister has also said that Indigenous economic growth is at the centre of the legislation, and he met with First Nations, as well as Inuit and Métis leadership this summer.
Crown-Indigenous Relations Minister Rebecca Alty said Wednesday that the council will provide policy recommendations to the Major Projects Office, but that the office itself will be responsible for conducting direct consultation with rights holders affected by potential projects.
Ms. Gull-Masty said the council will not play a role in determining, finalizing or selecting the projects.
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Members of the council are appointed for an initial two-year term, the statement said. They will meet at least four times a year in person, with other virtual meetings held as required.
Other First Nations leaders include Whitecap Dakota First Nation Chief Darcy Bear, Membertou First Nation Chief Terry Paul, JP Gladu, a member of Bingwi Neyaashi Anishinaabek, in Ontario, and Victoria LaBillois, a member of Listuguj Mi’gmaq First Nation in Quebec.
Assembly of Manitoba Chiefs Grand Chief Kyra Wilson said she was disappointed in the announcement, noting that there is no First Nations representation from Manitoba. She said they will decide for themselves on how they will engage in potential major projects and give direction.
Inuit are represented by Christy Sinclair, who works for Nunavut Tunngavik Inc., and Vanessa Doig, who works for Makivvik. They are the organizations that uphold the modern treaties signed with Inuit in Nunavut and Northern Quebec, respectively.
Métis are represented by Lorne Pelletier, a senior economic adviser for the Manitoba Métis Federation, and Matt Vermette, the chief operating officer of Métis Nation-Saskatchewan.
Mr. Carney said that the first wave of “nation-building” projects will be announced Thursday.