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Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer

time07-07-2025

  • Business

Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer

An Anishinaabe lawyer says fuller, meaningful engagement needs to happen with Indigenous Peoples if the federal government wants to make the right decisions on projects under the new Building Canada Act. Sara Mainville, a partner at JFK Law and former chief of Couchiching First Nation in northwestern Ontario, said under the Building Canada Act, once a project is deemed in the national interest, it would be difficult to roll it back. The act was passed last week and aims to speed up projects of national interest, including energy development projects, by allowing special designated projects to bypass some federal laws. Mainville said under the legislation, Indigenous groups potentially impacted by a project should be part of the process deciding if it is in fact of national interest. They have to make the right decision each and every time, said Mainville. They could only do that with fuller engagement, meaningful engagement with First Nations, Inuit and Métis people. The bill says that among factors that may be considered in deciding if a project is within the nation's interest are whether it advances the interests of Indigenous peoples and if it contributes to clean growth and to meeting Canada's objectives with respect to climate change. Mainville said this leaves a lot to be interpreted. Advancement of Indigenous interests is such generic language, like what does that mean in a real way? she said. This is really going to be for the courts to decide, unfortunately, unless there's some real markers put in place. Mainville said if processes are not in the legislation, there's no guarantee they will happen. This idea of 'just trust us, we're gonna get this right,' it's asking too much of First Nations with real interests in this area that potentially is going to be impacted by this pipeline, said Mainville. Impacts of pipelines on B.C.'s north coast Alberta Premier Danielle Smith spoke to CBC Radio's The Early Edition Wednesday about reviving a plan to build a pipeline to bring oilsands crude to B.C.'s north coast for export to Asia, with the endpoint in Prince Rupert, B.C. An organization representing the Gitga'at, Gitxaała, Haida, Heiltsuk, Kitasoo Xai'Xais, Metlakatla, Nuxalk and Wuikinuxv First Nations told CBC Indigenous last week that they wouldn't be in favour of any new pipelines in their region. Smith said on The Early Edition that bitumen, the type of petroleum mined in the oil sands, is the single most valuable product in Alberta, worth about $9 trillion. No one leaves $9 trillion in the ground; we have to find a way to get it to market, said Smith. Smith said it would be essential for any linear infrastructure project to have Indigenous ownership across the line. I would just ask for people to have an open mind and see that if we can identify the issues that are causing concern, work through them one at a time, I think that we would be stronger as a country, said Smith. Rashid Sumaila, a professor at the University of British Columbia and Canada research chair in interdisciplinary oceans and fisheries economics, studies the overall cost of projects like pipelines on society, taking into account impacts on the environment and societal implications now and for future generations. In 2012, Sumaila estimated (new window) that a major oil spill cleanup on B.C.'s North Coast could cost up to $9.6 billion, and cost the region's commercial fisheries, port, ferry transportation and tourism industries more than $300 million. (new window) Sumaila said other costs are intangible, like the impact on First Nations culture if there is a reduction in salmon. What's the value of that? That doesn't go into the big company calculations, said Sumaila. Sumaila said there are benefits to projects like pipelines in the short term, like profit and jobs for individuals, but the long term negative costs are usually left to the larger society to deal with. I think we need to zoom really sharply on the fact that there's usually a disconnect between those who gain and those who bear the cost, said Sumaila. Mainville said cumulative impact is a tool First Nations in B.C. could potentially use to stop unwanted resource developments. A B.C. Supreme Court decision in 2021 found that cumulative impacts of extensive industrial resource development unjustifiably infringed on Blueberry River First Nations' treaty rights (new window) , leaving its members unable to exercise their rights on much of their traditional territory. As a result the court ordered the province to prohibit further development in the area that would infringe on Blueberry First Nations' treaty rights. Similar thing can happen along these coastal regions where there's just too much development, said Mainville. The federal government has said the prime minister will meet with First Nations, Inuit, and Métis in the coming weeks, with the first meeting happening on July 17 with First Nations. Jackie McKay (new window) · CBC News

Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer
Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer

Yahoo

time04-07-2025

  • Business
  • Yahoo

Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer

An Anishinaabe lawyer says "fuller," "meaningful" engagement needs to happen with Indigenous Peoples if the federal government wants to make the right decisions on projects under the new Building Canada Act. Sara Mainville, a partner at JFK Law and former chief of Couchiching First Nation in northwestern Ontario, said under the Building Canada Act, once a project is deemed in the national interest, it would be difficult to roll it back. The act was passed last week and aims to speed up projects of national interest, including energy development projects, by allowing special designated projects to bypass some federal laws. Mainville said under the legislation, Indigenous groups potentially impacted by a project should be part of the process deciding if it is in fact of national interest. "They have to make the right decision each and every time," said Mainville. "They could only do that with fuller engagement, meaningful engagement with First Nations, Inuit and Métis people." The bill says that among factors that may be considered in deciding if a project is within the nation's interest are whether it advances "the interests of Indigenous peoples" and if it contributes "to clean growth and to meeting Canada's objectives with respect to climate change." Mainville said this leaves a lot to be interpreted. "Advancement of Indigenous interests is such generic language, like what does that mean in a real way?" she said. "This is really going to be for the courts to decide, unfortunately, unless there's some real markers put in place." Mainville said if processes are not in the legislation, there's no guarantee they will happen. "This idea of 'just trust us, we're gonna get this right,' it's asking too much of First Nations with real interests in this area that potentially is going to be impacted by this pipeline," said Mainville. Alberta Premier Danielle Smith spoke to CBC Radio's The Early Edition Wednesday about reviving a plan to build a pipeline to bring oilsands crude to B.C.'s north coast for export to Asia, with the endpoint in Prince Rupert, B.C. An organization representing the Gitga'at, Gitxaała, Haida, Heiltsuk, Kitasoo Xai'Xais, Metlakatla, Nuxalk and Wuikinuxv First Nations told CBC Indigenous last week that they wouldn't be in favour of any new pipelines in their region. Smith said on The Early Edition that bitumen, the type of petroleum mined in the oil sands, is the single most valuable product in Alberta, worth about $9 trillion. "No one leaves $9 trillion in the ground; we have to find a way to get it to market," said Smith. Smith said it would be essential for any linear infrastructure project to have Indigenous ownership across the line. "I would just ask for people to have an open mind and see that if we can identify the issues that are causing concern, work through them one at a time, I think that we would be stronger as a country," said Smith. Rashid Sumaila, a professor at the University of British Columbia and Canada research chair in interdisciplinary oceans and fisheries economics, studies the overall cost of projects like pipelines on society, taking into account impacts on the environment and societal implications now and for future generations. In 2012, Sumaila estimated that a major oil spill cleanup on B.C.'s North Coast could cost up to $9.6 billion, and cost the region's commercial fisheries, port, ferry transportation and tourism industries more than $300 million. Sumaila said other costs are intangible, like the impact on First Nations culture if there is a reduction in salmon. "What's the value of that? That doesn't go into the big company calculations," said Sumaila. Sumaila said there are benefits to projects like pipelines in the short term, like profit and jobs for individuals, but the long term negative costs are usually left to the larger society to deal with. "I think we need to zoom really sharply on the fact that there's usually a disconnect between those who gain and those who bear the cost," said Sumaila. Mainville said cumulative impact is a tool First Nations in B.C. could potentially use to stop unwanted resource developments. A B.C. Supreme Court decision in 2021 found that cumulative impacts of extensive industrial resource development unjustifiably infringed on Blueberry River First Nations' treaty rights, leaving its members unable to exercise their rights on much of their traditional territory. As a result the court ordered the province to prohibit further development in the area that would infringe on Blueberry First Nations' treaty rights. "Similar thing can happen along these coastal regions where there's just too much development," said Mainville. The federal government has said the prime minister will meet with First Nations, Inuit, and Métis in the coming weeks, with the first meeting happening on July 17 with First Nations.

Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer
Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer

CBC

time03-07-2025

  • Business
  • CBC

Building Canada Act leaves much open to interpretation on Indigenous consultation, says lawyer

An Anishinaabe lawyer says "fuller," "meaningful" engagement needs to happen with Indigenous Peoples if the federal government wants to make the right decisions on projects under the new Building Canada Act. Sara Mainville, a partner at JFK Law and former chief of Couchiching First Nation in northwestern Ontario, said under the Building Canada Act, once a project is deemed in the national interest, it would be difficult to roll it back. The act was passed last week and aims to speed up projects of national interest, including energy development projects, by allowing special designated projects to bypass some federal laws. Mainville said under the legislation, Indigenous groups potentially impacted by a project should be part of the process deciding if it is in fact of national interest. "They have to make the right decision each and every time," said Mainville. "They could only do that with fuller engagement, meaningful engagement with First Nations, Inuit and Métis people." The bill says that among factors to be considered in deciding if a project is within the nation's interest are whether it advances "the interests of Indigenous peoples" and if it contributes "to clean growth and to meeting Canada's objectives with respect to climate change." Mainville said this leaves a lot to be interpreted. "Advancement of Indigenous interests is such generic language, like what does that mean in a real way?" she said. "This is really going to be for the courts to decide, unfortunately, unless there's some real markers put in place." Mainville said if processes are not in the legislation, there's no guarantee they will happen. "This idea of 'just trust us, we're gonna get this right,' it's asking too much of First Nations with real interests in this area that potentially is going to be impacted by this pipeline," said Mainville. Impacts of pipelines on B.C.'s north coast Alberta Premier Danielle Smith spoke to CBC Radio's The Early Edition Wednesday about reviving a plan to build a pipeline to bring oilsands crude to B.C.'s north coast for export to Asia, with the endpoint in Prince Rupert, B.C. An organization representing the Gitga'at, Gitxaała, Haida, Heiltsuk, Kitasoo Xai'Xais, Metlakatla, Nuxalk and Wuikinuxv First Nations told CBC Indigenous last week that they wouldn't be in favour of any new pipelines in their region. Smith said on The Early Edition that bitumen, the type of petroleum mined in the oil sands, is the single most valuable product in Alberta, worth about $9 trillion. "No one leaves $9 trillion in the ground; we have to find a way to get it to market," said Smith. Smith said it would be essential for any linear infrastructure project to have Indigenous ownership across the line. "I would just ask for people to have an open mind and see that if we can identify the issues that are causing concern, work through them one at a time, I think that we would be stronger as a country," said Smith. Rashid Sumaila, a professor at the University of British Columbia and Canada research chair in interdisciplinary oceans and fisheries economics, studies the overall cost of projects like pipelines on society, taking into account impacts on the environment and societal implications now and for future generations. In 2012, Sumaila estimated that a major oil spill cleanup on B.C.'s North Coast could cost up to $9.6 billion, and cost the region's commercial fisheries, port, ferry transportation and tourism industries more than $300 million. Sumaila said other costs are intangible, like the impact on First Nations culture if there is a reduction in salmon. "What's the value of that? That doesn't go into the big company calculations," said Sumaila. Sumaila said there are benefits to projects like pipelines in the short term, like profit and jobs for individuals, but the long term negative costs are usually left to the larger society to deal with. "I think we need to zoom really sharply on the fact that there's usually a disconnect between those who gain and those who bear the cost," said Sumaila. Mainville said cumulative impact is a tool First Nations in B.C. could potentially use to stop unwanted resource developments. A B.C. Supreme Court decision in 2021 found that cumulative impacts of extensive industrial resource development unjustifiably infringed on Blueberry River First Nations' treaty rights, leaving its members unable to exercise their rights on much of their traditional territory. As a result the court ordered the province to prohibit further development in the area that would infringe on Blueberry First Nations' treaty rights. "Similar thing can happen along these coastal regions where there's just too much development," said Mainville. The federal government has said the prime minister will meet with First Nations, Inuit, and Métis in the coming weeks, with the first meeting happening on July 17 with First Nations.

First Nation leaders, advocates rally in Thunder Bay, Ont., to demand Bill 5's repeal
First Nation leaders, advocates rally in Thunder Bay, Ont., to demand Bill 5's repeal

CBC

time13-06-2025

  • Politics
  • CBC

First Nation leaders, advocates rally in Thunder Bay, Ont., to demand Bill 5's repeal

Etched on a poster board the size of her body, Mary McPherson held up a pencil-drawn portrait of Ontario Premier Doug Ford. With dollar signs over his eyes, Ford is standing in front of a burned-down forest, holding a torn copy of the James Bay Treaty. The artwork, McPherson said, is in response to Bill 5, controversial legislation which aims to fast-track development in the name of unleashing the province's economic potential. "I'm really angry and scared for the future. I feel like already, this territory has experienced a lot of environmental harm as a result of resource extraction," said McPherson, a member of Couchiching First Nation. "I'm concerned about the lack of consultation and most importantly, the lack of consent from Indigenous communities before going forth with projects like the Ring of Fire." The legislation will see the creation of special economic zones, which will allow exemptions for certain municipal and provincial laws when it comes to projects of economic importance — namely mining. The provincial government says it plans to consult with First Nations over the summer to help inform Bill 5's regulations and the special economic zones, including the mineral-rich Ring of Fire in the James Bay lowlands. Over the past several weeks, dozens of First Nation leaders and conservation groups have been speaking out against the bill, arguing it tramples on Treaty rights and weakens environmental protections. On Thursday, McPherson joined about 200 people outside Thunder Bay—Atikokan MPP Kevin Holland's office, calling for Bill 5 to be repealed. "Really take into strong consideration UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples) — and I'm not just talking about Section 35 and duty to consult and accommodate, which I personally [feel] is not enough," McPherson said. "I'm talking about serious engagement with Indigenous peoples as equal partners and taking seriously their consent." WATCH | First Nations members rally against Bill 5 Indigenous people rally at Queen's Park, call for withdrawal of Bill 5 10 days ago Duration 2:47 Hundreds of Indigenous people rallied outside Queen's Park on Monday, calling on the Ford government to withdraw its controversial Bill 5 that aims to speed up mining projects and other developments. CBC's Lorenda Reddekopp has the details. Hundreds of First Nations members from northern Ontario rallied outside Queen's Park last week before the bill was passed, after Kiiwetinoong MPP Sol Mamakwa, a member of Kingfisher Lake First Nation, was asked to leave the legislature for saying "the premier is telling untruths to First Nations." Economic zones 'of common interest for First Nations' Joyce Hunter, a member of Weenusk First Nation and one of the organizers of Thursday's rally, told the crowd she knocked on Holland's office door, but he wasn't there. She said his staff refused to come outside and speak with participants or pass along their message to the MPP, and shut the door on her. "This is not something that [only] the First Nations are talking about. Everybody is talking about this, and we want to be heard," Hunter said. "To have that door slammed like that, it was really a very inappropriate way to respond to people who elected Kevin Holland." Later on, attendees of the rally slid their signs beneath the office door. "Bill 5 is about unlocking nation-building projects that will bring economic opportunity, critical infrastructure, and good-paying union jobs to communities across northwestern [Ontario] and the province for generations," says a statement from Holland's office emailed to CBC News. "We are maintaining high environmental standards, labour laws, and duty to consult. Any assertion otherwise is false." The statement also says projects streamlined through Bill 5 "are of common interest for First Nations." "They support legacy infrastructure and will unleash additional economic opportunity by bringing road construction, hydro hookups, health care, schooling, jobs, and other services back to their community," it says. Two of the region's First Nations that have been working with the province on building roads to the Ring of Fire have also spoken out against the new legislation. 'The bill can be killed' Since 2002, Grassy Narrows First Nation has upheld a blockade against clear-cut logging and mining in its territory. The Treaty 3 community has a long legacy of environmental activism, particularly since the Dryden Paper Mill dumped about nine tonnes of mercury into the English-Wabigoon River System in the 1960s and 70s. To this day, about 90 per cent of its community members experience symptoms of mercury poisoning, including Chrissy Isaacs. "For Grassy Narrows, we're always gonna protect that land because we live with a lifelong sentence" of environmental harms, Isaacs said. Her concern is that Bill 5 "opens the gates" to hundreds of mining claims that Grassy Narrows has fought against for years. "I feel like if there's enough pressure, the bill can be killed, and it has to," she said. "They have to consult with us, they have to talk to us when it comes to big decisions like that." Chris Moonias, former chief of Neskantaga First Nation, said his community voted Wednesday to demand the Ontario government repeal Bill 5. The First Nation is also calling for the resignation of Kenora MPP Greg Rickford, the minister of Indigenous affairs and First Nations economic reconciliation and minister responsible for Ring of Fire economic and community partnerships. "We will take action now. We will put people on the ground. We will come up to those rallies or if there's any blockades happening in other communities, we will support them," Moonias said.

Pair charged in northwestern Ont. drug bust
Pair charged in northwestern Ont. drug bust

CTV News

time25-05-2025

  • CTV News

Pair charged in northwestern Ont. drug bust

New drug enforcement unit to be created at UCCM police is expected to target mid-to-upper drug traffickers. Two people were charged in a major drug trafficking investigation in northwestern Ontario last week. In a joint operation, members of the Treaty Three Police Service (T3PS) and Ontario Provincial Police (OPP) executed a search warrant on a residence on Couchiching First Nation on June 19, T3PS said in a news release. 'Police arrested seven individuals and formally charge two, successfully concluding a month-long investigation into the illicit sale of controlled drugs and substances in Couchiching First Nation and the surrounding area,' said police. 'Police seized a large amount of cocaine, methamphetamine, crack cocaine, Canadian currency and other items associated with trafficking illicit substances.' Drug Seizure Members of the Treaty Three Police Service and Ontario Provincial Police seized a large amount of cocaine, methamphetamine, crack cocaine, Canadian currency and other items associated with trafficking illicit substances from a residence on Couchiching First Nation on June 19, 2024. (Supplied/Treaty Three Police Service) As a result of the investigation, a 45-year-old male resident of the First Nation community and a 35-year-old woman from Fort Frances, Ont., are facing two drug trafficking-related charges and a charge of possession of proceeds of property obtained by crime. 'All individuals have been released from custody,' said police. 'The two charged individuals have been placed on several conditions and have a court date in August.' None of the accusations has been proven in court. Police officials reminded the public to contact police or Crime Stoppers anonymously with any information related to illicit sales of controlled or illegal substances.

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