‘Not at the expense of our rights,’ says national chief on fast-tracking major projects

FILE: “We have said many times First Nations are for economic growth that will drive Canada's prosperity, but not at the expense of our rights or the Crown's legal obligations to our people,” says Cindy Woodhouse Nepinak. Photo by Darren Makowichuk /DARREN MAKOWICHUK/Postmedia

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Assembly of First Nations (AFN) National Chief Cindy Woodhouse Nepinak took aim at the federal government’s proposed changes to fast-track approvals for major projects, arguing that economic development cannot come at the expense of First Nations’ rights.

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“We have said many times First Nations are for economic growth that will drive Canada’s prosperity, but not at the expense of our rights or the Crown’s legal obligations to our people,” she said during opening remarks at the AFN general assembly Tuesday in Ottawa.

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“A one-year timeline, principally designed to attract investment, subordinates the honour of the Crown to commercial imperatives,” she added.

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In May, the federal government launched 30-day consultations with environmental groups, Indigenous peoples, industry, and civil society groups on proposed regulatory changes surrounding approvals for major industrial projects. Legislation would be tabled following the consultation period.

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The changes included the development of “economic zones” through regional impact assessments, empowering cabinet with exemption powers from certain environmental legislation, the establishment of a Crown Consultation Hub within the Impact Assessment Agency of Canada, and a one-year timeline for federal approval of major projects.

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Amid backlash, the federal government later extended the consultation period until July 22.

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Still, Woodhouse Nepinak said the extended consultations are “inadequate” given the breadth of the proposed changes.

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She also said the legitimacy of the project approvals could be called into question if the Crown does not appropriately discharge its duties to First Nations.

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The AFN is posed to debate a number of resolutions, including one pertaining to the federal major projects agenda.

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The resolution calls on the AFN to oppose any “federal legislative, policy or regulatory reforms that weaken environmental protections,
undermine oversight, limit meaningful consultation, compress review timelines or circumvent First Nations Free, Prior and Informed Consent (FPIC) in relation to major projects and regulatory streamlining.”

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The resolution also says the AFN should call upon governments to stop entering into memoranda of understandings (MOU) or political commitments related to pipeline and major infrastructure development prior to meaningful consultation with First Nations or FPIC.

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The assembly meeting’s agenda from July 14-16 includes a focus on major projects and pipelines, clean water federal legislation, housing and infrastructure, health care and child welfare.

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Woodhouse Nepinak also confirmed a First Nations-First Ministers’ meeting will take place Oct. 26, an opportunity for premiers and the prime minister to focus primarily on First Nations’ priorities.