C-5 seen by ex-indigenous ex-leaders who have experienced the Mountain trans saga

The federal government cannot ignore indigenous communities in terms of major infrastructure projects it wishes to approve, such as the construction of oil pipelines or mines.

This is what an indigenous grouping which was in favor of the expansion of the pipeline believe in such a Trans Mountain that a first nation which firmly opposed it.

The expansion of Trans Mountain is the most recent major energy project to have emerged in Canada, not without years of protest in court.

The enlarged infrastructure allows Canadian oil export to the Asian market. The Federal Prime Minister, Mark Carneywho promised to make Canada a Energy superpoweraims precisely a diversification of the markets.

With Bill C-5, Mr. Carney wants to accelerate the realization of projects considered by Ottawa as being national interestwith the aim of limiting approval times to two years.

Aboriginal communities deplore not to have been consulted during the preparation of Bill C-5 and fear that its implementation BRIME their rights. Nine First Nations of Ontario have already addressed the courts to challenge this new legislation.

In the case of Trans Mountainconsultations qualified as inadequate by the courts had forced the government of Justin Trudeau to make adjustments.

Since then, what lessons have been learned? asked the Canadian press to former First Nations leaders, one having opposed the enlargement of Trans Mountain and the other having joined it.

No lesson was learned

I think we will see more First Nations turn to the courtsbelieves Leah George-Wilsonformer head of the British-Colombian community Tsleil-Wauth.

This first nation fought in court against the project of expansion of Trans Mountainwhose layout ends in Burrard Inletwhich is part of its ancestral territory.

The protest forced, in 2018, the cancellation of the first approval of the project by the Trudeau government. The Federal Court of Appeal had concluded that the consultation of Aboriginal communities and the environmental assessments carried out had not been adequate.

However, after the federal government of the time once again approved the project in 2019, First Nations like that of Tsleil-Wauth, failed to revoke this green light, when they continued their dispute in court.

It was during this legal battle that the Canadian government bought Trans Mountain.

Leah George-Wilson estimates thatNo lesson was learned of this saga.

Even today […] the government has not responded to the significant impacts that Trans Mountain A had and continues to have on our communitysupports the former indigenous leader.

In the case of bill C-5, in particular the Law aimed at building Canadait is neither reassured by the promise of Mr. Carney to respect article 35 of the Constitutional law of 1982which guarantees the ancestral rights of indigenous peoples, nor by the meetings he led during the summer with indigenous leaders.

I do not think that this legislative play will accelerate the projects at all because they will end up in courtshe says.

The Assembly of First Nations will hold, in a few weeks, its annual general meeting. The ex-Aboriginal leader expects concerns to this law to be one of the main discussion subjects.

You will never be unanimous

The former Aboriginal Alberta leader Joe Dion on the contrary, believes that the government Carney will respect article 35 of the 1982 constitutional law And will honor the principle of free and enlightened consent of First Nations.

If the government revokes or go against this article it would be a national shame. So I don’t think it’s going to happenestimates the one who is at the head of the indigenous grouping Western Indigenous Pipeline Group (WIPG).

WIPG brings together dozens of indigenous communities which, in partnership with the Pembina company, wish to acquire pipeline Trans Mountain. When Ottawa bought the oil pipeline Children Morgan In 2018, he immediately pointed out that his intention was to get away from it, which has still not been done.

Joe Dion believes that things have changed since the start of the saga Trans Mountain. According to him, the Law aimed at building Canadaprovided for in Bill C-5, clearly shows that the intention of the Carney government is to fully involve indigenous communities in projects which will be designated as being being national interest.

The government now says that the First Nations and Aboriginal groups will have equity, a part in these projects. When Trans Mountain started, there was not a promise of that at all. We had to fight and we have to fightsaid in interview Mr. Dion.

Joe Dion Acknowledges that indigenous communities criticize this law, but he is convinced of the government’s intention to consult adequately when it will select projects. You will never be unanimous, whether among the First Nations or nothe points out.

In his opinion, the projects that would severely affect Aboriginal communities simply will not go ahead and will not be selected as being of national interest.

It will be important that the government has First Nations at the table and that they agree with these projects.

Joe Dion would like the sale of Trans Mountain Aboriginal interests serve as model.

The WIPG is not the only indigenous group to want to become the owner of Trans Mountain.