First Nations need to draw a firm line in the sand to get Ottawa to drop Bill C-5, says Wilson-Raybould

Dennis Ward
8 Min Read
First Nations need to draw a firm line in the sand to get Ottawa to drop Bill C-5, says Wilson-Raybould

Jody Wilson-Raybould says that Indigenous peoples across the country need to come together and “draw a firm line in the sand” to kill Bill C-5. The former federal justice minister and attorney general of Canada who served under Justin Trudeau, was one of a number of speakers during a virtual forum on Tuesday hosted by the Assembly of First Nations (AFN) about a section of Bill C-5 called the Building Canada Act. According to a recording of the meeting, Wilson-Raybould said Bill C-5 was developed “behind closed doors” and the government will “make decisions and build projects on its own terms, at its own pace and based on rules that it choses to make up as they go along.” The AFN said leaders have “significant concerns” about Bill C-5. The proposed law gives unprecedented powers to the federal cabinet to sidestep more than a dozen Canadian laws including the Indian Act, Fisheries Act, Migratory Birds Convention Act and Canadian Environment Protection Act in an effort to fast-track projects of “national interest.” The law aims to cut down on the decision making process from five years to two. The bill will also allow Ottawa to make its decisions behind closed doors and without debate in Parliament or the public. “The broad powers contained in the proposed legislation may impact opportunities for First Nations participation in regulatory processes and could be utilized to shorten project timelines or exempt projects from certain procedural or substantive requirements,” said an AFN report prepared for the chiefs. Wilson-Raybould said First Nations are “not fooled by the fancy rhetoric that we’re hearing from government ministers” about free, prior and informed consent. “It’s just performative,” she said. Wilson-Raybould said First Nations need to continue to remind government that they cannot build a new economy without First Nations. She said First Nations need to be relentless in their opposition to Bill C-5. “We need to be clear that this new economy is not going to be built on the backs of our people in our communities and it’s not going to be built on the lands that we have protected for generations,” said Wilson-Raybould. Reflecting on her time in office, Wilson-Raybould said the government still doesn’t “get it.” “They do not understand Indigenous issues or how to work well with our people,” she said. Chief Tony Alexis of the Alexis Nakota Sioux Nation in Treaty 6 Territory, said Bill C-5 is more than just another piece of legislation. “It’s a direct threat to our treaty relationship. It hands over the power to federal ministers to push through major projects without our consent, without full consultation and without us at the table,” Alexis said. “This bill turns us from Treaty partners into bystanders, or worse, obstacles to remove and that’s unacceptable.” Alexis also called on First Nations to be clear and firm in its rejection of Bill C-5, in its current form. Calls for prime minister to sit down with First Nations Former AFN national chief Ovide Mercredi said during the forum it would be hard for any First Nations person to be a cheerleader for this legislation. “Not much has changed really in how they perceive us as a people. I know a little about law and a little bit about parliament, not much, but I also know that they can do whatever they want. That they will pass this legislation and they will do it quickly,” said Mercredi while wondering what options First Nations have. “All we have is resistance? What more can we do, besides fighting and roadblocks or whatever we’ve done in the past? Do we still use the courts with limited success? How do we protect our people? How do we make sure that we get prosperity and economic security? How do we make sure we get our autonomy guaranteed? That’s the question for us.” Mercredi said there will be some communities who want these projects and will see it as an economic opportunity but feels its difficult to discuss such benefits when we don’t know what the projects are. The former national chief said all the leaders in every region need to drop what they’re doing and make this a priority and decide for themselves where they stand with major projects. “Maybe we are a major project, maybe our needs are a major project,” said Mercredi who called on Prime Minister Mark Carney to sit down with First Nations. Historic Shift Mark Podlasly, the CEO of the First Nations Major Projects Coalition (FNMPC), a group of over 180 First Nations across Canada, working to advance Indigenous participation in major resource development projects, agreed the legislation is being rushed. “We’re also very strong on the opinion that First Nations must share the benefits. If we host the projects, there has to be real environmental and economic value to our people. That includes equity, it could also include revenue sharing, loan guarantees, Indigenous procurement, on the economic side,” said Podlasly adding, “there is still a need to still negotiate the other impacts to our rights and title that will come from the projects.” Read More:  First Nations threaten ‘long hot summer’ if Ottawa passes national project legislation ‘The honour of the Crown is not being upheld’: Indigenous leaders tell prime minister to start again with Bill C-5 Podlasly said this could be a “historic shift in how Indigenous people are included in the development of our economy going forward but only if the Crown choses partnership over speed.” Podlasly said First Nations can expect projects to be proposed in all areas of energy, mining, electric transmission lines, and railways. The FNMPC is currently involved in 19 projects across the country, including natural gas pipelines, passenger rail, electrical transmission and a lithium project. Podlasly said there are more coming. The total capital cost of the projects the FNMPC is supporting right now is worth $45-billion dollars. Continue Reading

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