Senators quash amendment to add free, prior and informed consent toBill C-5

Bill C-5  passed third reading in the Senate today. It is expected to receive royal assent— in other words, become law—on or before Prime Minister Mark Carney’s July 2 deadline. As the controversial bill was rushed through the Senate, Mi’kmaq Senator Paul Prosper attempted to propose an amendment to address concerns raised by Indigenous leaders that the bill is weak on Indigenous rights.  Prosper urged the Senate to make the amendment based on briefs, public statements and testimony from Indigenous leaders that the bill does not adequately protect Indigenous rights.  “We do not want success and progress to come on the backs of Indigenous peoples. We want to be at the table, making decisions alongside Canadian politicians, because these decisions affect us. They affect our lands and resources.” Last week, the Senate heard testimony from three Indigenous leaders: Assembly of First Nations National Chief Cindy Woodhouse Nepinak, Inuit Tapiriit Kanatami President Natan Obed, and Manitoba Métis Federation President David Chartrand. They emphasized that Indigenous peoples are not anti-development, but expressed serious concerns about Indigenous rights to land and waters, and the ability to protect the environment. All three leaders acknowledged the urgency created by the United States, which is driving the push to fast-track the bill. The legislation aims to position Canada as an “energy superpower” by creating a new Federal Major Projects Office to accelerate approvals for projects deemed in the national interest. It also grants Cabinet sweeping new powers to push such projects through more quickly. Senator Prosper attempted to address those issues with an amendment. “Now, we are too far gone for C-5 to be developed in consultation and cooperation with Indigenous peoples, but there is still an opportunity to ensure that this bill is amended in such a way that we embed our right to free, prior and informed consent in this legislation,” he said. The amendment he proposed would have made it mandatory for Cabinet to consider free, prior and informed consent when deciding if a project is in the national interest. The original clause stated that, in choosing a national project, “the Governor in Council may consider.” Prosper’s amendment would have used more restrictive language, changing the word “may” to “must.” The bill then lists a number of factors that can be considered, including the extent to which a project can: “advance the interests of Indigenous peoples.” Prosper proposed changing the language to: “advance the interests of Indigenous peoples by fulfilling Canada’s commitment to obtaining the free, prior and informed consent of those peoples.” The amendment failed, with 28 votes in favour, 48 against, and 8 abstentions. Continue Reading