Some First Nations are raising concerns about the federal government’s plan to provide up-front approvals for major projects, with one grand chief calling it a “fool’s errand.”
Through interviews and letters CBC News obtained, First Nations are raising red flags with the Liberal government’s plans to fast-track what it calls projects in the national interest.
The government is still consulting with Indigenous communities, premiers and industry, but is expected to table “one Canadian economy” legislation as early as next week.
“While you can legislate to fast-track regulation, you cannot fast-track the Crown’s duties or fast-track Indigenous acceptance,” states Savanna McGregor, Grand Chief of the Algonquin Anishinabeg Nation Tribal Council in a letter to the Privy Council Office (PCO).
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“Trying to do so is a fool’s errand because it would lead to more, not less, potential conflict, including preclusive litigation.”
CBC News contacted the PCO on Friday evening for a request for comment about McGregor’s concerns, but did not receive a response by publication time.
McGregor represents seven nations in Quebec and Ontario.
The PCO is the lead branch of the civil service providing support to Prime Minister Mark Carney and his cabinet. The office has been sending letters to Indigenous leaders, asking for feedback on proposed legislation that would fast-track major projects, such as ports, nuclear facilities and mines.
CBC News obtained a document shared with First Nations that states Carney’s government intends to “facilitate the identification of projects” that are in the national interest, “provide certainty through up-front regulatory approvals” and establish a “major projects office.”
During the federal election, Carney campaigned on rendering final decisions on projects within a two-year timeline instead of five years and a “one window” approach that shifts “the focus of project review from ‘why’ to ‘how.'” Those priorities were included in Tuesday’s speech from the throne.
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The letter gave First Nations a week to comment on the briefing note, which spells out how the proposed legislation would work. Friday was the deadline to comment.
“Obviously, it is quite concerning,” said Treaty 8 Grand Chief Trevor Mercredi in an interview with CBC News. “There’s not much time to react and strategize.”
Treaty 8 is the largest treaty by area and encompasses parts of Alberta, the Northwest Territories, British Columbia and northwest Saskatchewan. Many of its sovereign nations are in the heart of Canada’s oilpatch or live with its direct environmental impacts.
Mercredi said that when governments talk about removing the red tape and other barriers that slow down the approval of projects, First Nations like his worry Indigenous rights will be pushed aside.
“We’re wondering which direction it’s going to go,” Mercredi said.
He said one place this could end up is in court.
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Groups backed by industry, however, are looking favourably at the government’s proposal. Although they still need to see the legislation, some believe the Liberal government seems to be moving in the right direction.
The head of the Alberta Chambers of Commerce, which counts fossil fuel companies as its members, said it would mark a “positive step.”
“We’ve heard the same frustration from business leaders across Canada, specifically in Alberta, about how we’re falling behind globally on attracting capital, and this legislation could greatly help reverse that trend if it’s enacted in a timely manner,” said Shauna Feth, CEO of the Alberta Chambers of Commerce, in an interview with the CBC’s The House.
However, liquefied natural gas advocacy group Energy for a Secure Future questions whether Ottawa is picking winners and losers. The group’s head suggested that the Liberal government should consider specific sectors it wants to see projects in, such as critical mineral mines, rather than favouring specific projects.
“So I think the government in signalling in that way can achieve its similar goals without putting the spotlight on any specific projects, and I think that will attract more projects,” said Shannon Joseph, the chair of Energy for a Secure Future.
New Brunswick Premier Susan Holt told CBC’s Power and Politics that provinces have submitted their priorities ahead of the first ministers’ meeting with Carney in Saskatoon next week.
Holt told host David Cochrane that one of her province’s “big asks” is the strengthening of its trade infrastructure at the ports of Saint John and Belledune.
‘Like The Hunger Games’: Premiers to pitch projects for federal fast-tracking
The New Brunswick premier also said East Coast premiers collectively are pitching regional opportunities to Ottawa. She was reticent to “let the cat out of the bag” on what those could be, but she hinted they are energy-focused.
She joked that it’s like the “Hunger Games,” before admitting not all provinces will get the projects they want on the fast-tracked list.
She expects that by the end of the discussions on Monday, there will be clarity on which ones the government will initially proceed with.
