Analysis · beta

Anthony Housefather

Replying to Leah Gazan (NDP)
“Mr. Speaker, on October 26 of this year, I asked the resources minister if he really respected indigenous rights and, if so, whether he would withdraw Bill C-39. I asked that in response to the BCAFN, UBCIC, Treaty 6, Onion Lake, NAN, COO, APNQL and the Iroquois Confederacy requesting the withdrawal of Bill C-39. Those organizations represent hundreds of thousands of first nations people. Not only did the minister refuse to respond to me, he had the Parliamentary Secretary to the Minister of Crown-Indigenous Relations respond to me. I was not quite sure that particular day why the Minister of Energy and Natural Resources refused to respond. I thought perhaps he was starting to agree with me that all the government was doing was building a pipeline to the courts. Then I found out today that more nations are coming forward in opposition to all the new projects that are being designated, nine today alone, nine from the St’át’imc Chiefs Council that consist of and represent, again, hundreds of thousands of first nations, because of the government’s failure to exercise its power under the Building Canada Act consistently with the statutory imperatives arising from the United Nations Declaration on the Rights of Indigenous Peoples. They argued that the government rushed the consultation, provided insufficient information about the project and failed to adequately consider its potential impacts on first nations treaty rights. Cold Lake First Nations is another first nation that has also put forward an application for judicial review. It has also stated it was not properly consulted or engaged at all by the Major Projects Office. It was asking for a designation of the Pacific link as a national interest project to be reversed and for a declaration that Canada has a duty to consult on the project. Now, I am starting to put things together, and I am hoping to get some clarification today. Whether it is violating the constitutional rights of workers, gutting environmental protections or brushing aside the rights of indigenous people, the government believes that it is above the Constitution and above the rule of law. I am starting to believe that, for the government, perhaps the reason is that when there is a bunch of former CEOs leading the country, they think that they are above our Constitution and human rights.”

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Mr. Speaker, on October 26, first nations leaders met with the Prime Minister and premiers at a historic first ministers’ meeting, the first of its kind in 20 years. One of the main topics of discussion was how first nations can develop, own and share in the economic benefits of major projects. We know we cannot build a stronger Canada without indigenous peoples. That is why we have taken steps to support indigenous ownership and partnership in major projects. We have opened new consultation resource centres to help communities participate in project reviews. We have provided funding so that indigenous communities have the expertise and capacity to engage in discussions about projects that impact them. We are supporting the growing role of indigenous ownership so that communities can have a stake in what is being built and can share in long-term economic benefits. This includes support using new revenue tools, like the potential creation of a first nations sovereign wealth fund, on which the Prime Minister committed to initiating discussions. Building on these efforts, the Prime Minister also announced plans to expand the First Nations Finance Authority’s lending authority, making it possible for first nations to work together as special purpose vehicles to finance investments in major projects and share in the returns. He also announced $260 million over four years for a new partnerships for indigenous workforce readiness fund. This will help connect indigenous people with jobs created by major projects. These are steps toward greater indigenous ownership, more job opportunities and a direct share in Canada’s economic future. However, creating these opportunities also means getting the federal review process for major projects right. Indigenous peoples must have a meaningful role in decisions about projects that affect their lands and communities and a fair opportunity to benefit from them. That is what the building Canada strong act aims to do. We want to make project reviews more efficient and more predictable while maintaining indigenous rights and environmental protections. The bill proposes a more coordinated approach, including a Crown consultation hub to bring federal departments together. This would reduce duplication during project assessments and help communities focus their time and expertise on the issues that matter to them. It would also benefit indigenous proponents of economic projects. Under the legislation, when more time would be needed for consultation, timelines could be extended or paused. I recognize that first nations leaders have raised concerns, but I want to be clear about the government’s obligations. Canada’s legal duty to consult remains in place. Our commitments under modern treaties and self-government agreements remain in effect, and indigenous rights remain protected. Building major projects and advancing reconciliation must go hand in hand. Indigenous peoples must have a meaningful role in decisions that affect them and a fair opportunity to share in the benefits. When indigenous peoples are true partners, projects are stronger, communities are stronger and Canada is stronger.