Latest news with #JFKLaw
07-07-2025
- 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
Yahoo
04-07-2025
- 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.
CBC
03-07-2025
- 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.
Hamilton Spectator
24-05-2025
- Business
- Hamilton Spectator
Mark Carney's promise to ‘build, baby, build' has some Canadians fearing the worst
OTTAWA—Prime Minister Mark Carney is on a mission to 'build, baby, build.' And he wants to do it fast. It's a goal that was central to the Liberal leader's pitch in an election campaign dominated by U.S. President Donald Trump's economic aggression towards Canada. Seized by a desire to Trump-proof the Canadian economy and supercharge its growth, Carney has vowed to speed up resource development and streamline federal project approvals, all while maintaining environmental standards and respecting the rights of Indigenous groups and getting them a share of the wealth from the resources on their lands. But while some Indigenous groups see the Carney government's agenda as an economic opportunity, others are concerned it could cost them of years of hard-earned progress on reconciliation. 'The concern is that these Crown governments are going to get together and make unilateral legislation without Indigenous Peoples,' said Sara Mainville, a managing partner at JFK Law, which represents Indigenous communities. 'And that is an old approach that hasn't worked in the past, and it won't work in the future.' In Canada, governments have a duty to consult and accommodate Indigenous groups before allowing activities that could impact their treaty lands, but throughout the country's history, that often hasn't been the case. Now, in several provinces, a renewed push to cut red-tape and unleash projects is drawing pushback from Indigenous groups with this history in mind. Premier Doug Ford, for example, has tabled new legislation aimed at fast-tracking approvals for mining and infrastructure projects, with an eye on the mineral-rich Ring of Fire. Bill 5, which would limit environmental assessments and create 'special economic zones' exempt from many municipal and provincial rules, has garnered widespread criticism from Indigenous groups, municipalities and environmentalists, who say it could destroy endangered species' habitats and curtail consultations with First Nations communities. And in B.C., Premier David Eby has been accused of undermining progress on reconciliation over two bills that give the provincial government the power to override local regulations to speed up significant projects. 'I hope they are looking at what's happening right now,' Grand Chief Alvin Fiddler of Nishnawbe Aski Nation said of the federal government in an interview with the Star, minutes after testifying at a Queen's Park hearing into Ford's Bill 5. The Prime Minister's Office did not return a request for comment Friday. Carney vowed during the election to approve projects faster through a new 'major federal project office' that streamlines the assessment process. The goal is to get final decisions done in a maximum of two years, faster than the typical five-year timeline under the previous government. And it's also aiming to sign agreements in the next six months with willing premiers and Indigenous leaders that would move away from requiring multiple project assessments and toward a 'one project, one review' system. 'No more asking, 'Why build?' The real question is, 'How do we get it done?'' Tim Hodgson, the new energy and natural resources minister, told the Calgary Chamber of Commerce Friday. 'That means breaking apart barriers and cutting through red tape. It also means doing things responsibly the first time, meeting our duty to consult so Indigenous Peoples are true partners and protecting our environment so we don't have to clean up mistakes later.' Proponents of these efforts, which include some Indigenous groups, say they are critical to reducing Canada's reliance on Trump's U.S. and growing our economy, and see an opportunity for First Nations to cash in as well. Part of the pattern in this nationwide push, and a hope for Carney's Liberals, is that Indigenous groups will be more willing to allow resource development in their territories if they get an ownership stake. 'Indigenous Peoples want to be part of the Canadian economy,' said Mark Podlasly, the CEO of the First Nations Major Projects Coalition, who also called for 'early, fast' engagement and co-investment opportunities. 'That's the only way.' That's why one of the first actions Carney took as prime minister was announcing he would double Ottawa's Indigenous Loan Guarantee Program to $10 billion from $5 billion while widening its scope. 'When I hear 'build, baby, build,' I hear building capacity, building communities and building partnerships,' said Michael Fox, the CEO of Indigenous Community Engagement who also leads regional consultations on the Webequie Supply Road Project, a proposed all-season road connecting Webequie First Nation to current and potential future Ring of Fire mineral projects. 'I think we're in a different era today where, you know, the spirit of reconciliation, I think, is going to be the guiding star for public policy.' Still, with no legislation tabled yet, and the Carney government mum on the tensions in Ontario and B.C., there is concern about this new agenda. It's not just Indigenous groups with questions about the details of the government's resource development and energy goals: environmentalists and industry players have charged the government is sending mixed signals on fossil-fuel pipelines. For his part, Carney has said over and over again this agenda won't include any backtracking on the government's duty to consult. 'Really this goes to a fundamental issue, which is that partnership with Indigenous Peoples, partnerships with First Nations, has to be at the centre of our actions,' Carney told First Nations chiefs in an AFN forum days ahead of the April 28 election, as he asserted that faster decisions also mean saying 'no' more quickly when a project does not meet environmental standards or 'appropriate partnership' with First Nations. Fiddler said right now, those are 'just words,' and they need meaningful action. Mainville said it's 'crystal clear' the federal government is trying to align itself with provinces in the face of American aggression, but she's worried this new alliance could leave Indigenous groups behind, especially after the progress on reconciliation made under the Trudeau government. 'It can't be like a clean slate approach,' Mainville told the Star. Liberal MP Marc Miller, who was minister of Crown–Indigenous Relations from 2021 to 2023, told the Star that any government that resorts to inadequate consultations with Indigenous communities in an effort to speed up approvals will pay for it later, with delays and poor relationships. He pointed to the infamous Trans Mountain pipeline expansion project that was mired in delays and became a thorn in the side of the Trudeau government as one recent example. Long a source of tensions and protest, the Federal Court of Appeal in 2018 overturned the Trudeau government's approval of the project and halted its construction, the same day its owners approved a pending $4.5 billion sale to Ottawa. ' If we hadn't gotten it wrong in the first place, that project perhaps would have gone a bit faster,' Miller told the Star. 'There is a road map for engagement with communities that is relatively sophisticated at this point, and the question for the federal government is: does it observe it or does it decide to cut corners?' Miller said. 'If it cuts corners, we will find out quite quickly through the court system that that will actually delay projects. So let's get it right the first time.'
