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 Trans Mountain as well as a first nation which was firmly opposed to 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, which came into office just over a year ago, allows the export of Canadian oil to the Asian market. The new Federal Prime Minister Mark Carney, who has promised to make Canada an “energy superpower”, aims precisely a diversification of the markets.
With his C-5 bill recently adopted, Mr. Carney wants to accelerate the realization of projects considered by Ottawa to be “of national interest”, with the objective of limiting approval times to two years.
Aboriginal communities deplore that they have not been consulted during the preparation of the bill and fear that the implementation of the new legislation breaks their rights. Nine First Nations of Ontario have already addressed the courts to challenge C-5, called “law aimed at building Canada”.
In the case of Trans Mountain, consultations qualified as inadequate by the courts had forced the former government of Justin Trudeau to redo his duties, which contributed to more than 10 years to flow between the moment when the expansion project was proposed and the end of the works.
“Since then, what lessons have been learned,” the Canadian press asked the ex-indigenous ex-leaders-one having opposed the expansion of Trans Mountain and the other having joined it. Do they expect a different scenario in the case of C-5?
“No lesson has been learned”
“I think we are going to see more First Nations turn to the courts,” believes Leah George-Wilson, a former head of the British-Colombian community Tsleil-Wauth.
This first nation fought in justice against the project of expansion of the trans Mountain pipeline, whose route ends in the bay Burrard (Burrard Inlet), which is part of its ancestral territory.
The challenge forced, in 2018, the cancellation of a first approval of the project which had been made 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 government had, from thread by needle, to reappeared the project in 2019, First Nations like that of Tsleil-Wauth failed to revoke this green light, although they continued their dispute in court.
It was during this legal battle that the Government of Canada bought the Trans Mountain oil pipeline while the company who owned it, Kinder Morgan, was about to withdraw.
Leah George-Wilson believes that “no lesson has been learned” from this saga, noting that the project was forward.
“Even today, […] The government has not responded to the significant impacts that Trans Mountain has had and continues to have on our community, “said the former indigenous leader.
In the case of C-5, it is neither reassured by Mr. Carney’s promise to respect article 35 of the 1982 constitutional law-which guarantees the ancestral rights of indigenous peoples-nor by the meetings he led during the summer with indigenous leaders.
According to the echoes she says that she had received from one of these meetings which took place in Gatineau between Mr. Carney and around 200 First Nations representatives, the dialogue was not there, so that participants did not really feel heard by the government.
“I do not think that this legislative play will accelerate the projects at all because they will end up in court,” she decided.
The Assembly of First Nations will hold, in a few weeks, its annual general meeting. The ex-Aboriginal leader expects concerns to C-5 to be one of the main discussion topics.
Beyond his impression that “no lesson has been learned” from the Trans Mountain saga, Ms. George-Wilson sees above all a “missed opportunity” for the government to respect its own legislative obligations.
“You will never be unanimous”
The former Aboriginal Alberta leader Joe Dion believes, on the contrary, that the Carney government will respect article 35 of the 1982 constitutional law and will honor the principle of free and enlightened consent of the First Nations.
“Whether the government revokes or goes against this article would be a national shame. So I don’t think it will happen, ”says the man who is at the head of the indigenous indigenous western group Pipeline Group (WIPG).
WIPG brings together dozens of indigenous communities which, in partnership with Pembina, wish to acquire the Pipeline Trans Mountain. When Ottawa bought the Kinder Morgan’s pipeline 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 Trans Mountain saga. According to him, it is clear that with C-5, the intention of the Carney government is to fully involve indigenous communities in projects which will be designated as “of national interest”.
“The government now says that First Nations and Aboriginal groups will have equity, will have a share in these projects. When Trans Mountain started, there was not a promise of that at all. We had to fight and we have to fight, ”said Mr. Dion.
Joe Dion recognizes that C-5 has attracted criticism from many indigenous communities, but he is convinced of the government’s intention to consult adequately when he will select projects. “You will never be unanimous, whether among the First Nations or not,” he said.
In his opinion, the projects “which would severely affect” indigenous communities will simply not go forward 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,” he said.
Joe Dion would like the sale of Mountain Trans to Aboriginal interests serve as a “model”.
WIPG is not the only Aboriginal group to want to become a trans Mountain trans owner.
