The Assembly of First Nations national chief is among a chorus of First Nations leaders urging Gov. Gen. Mary Simon to intervene in the federal government’s major projects legislation being “rammed through” Parliament.
“First Nations are united,” said National Chief Cindy Woodhouse Nepinak. “They want prosperity, but they don’t want it at the expense of our rights.”
Bill C-5, the One Canadian Economy Act, will likely pass in the House of Commons on Friday with support from the Conservatives.
Some First Nations leaders say that shouldn’t happen until Simon, the first Indigenous person appointed to the role, addresses their concerns.
“She is the Crown representative and I think she should be involved,” said Nishnawbe Aski Nation Grand Chief Alvin Fiddler, who represents 49 First Nations in northern Ontario.
“I’m hoping she’s paying attention to what’s happening here so that she can think about intervening.”
Grand Chief Alvin Fiddler of the Nishnawbe Aski Nation explains why he thinks Gov. Gen. Mary Simon should slow down the passage of the One Canadian Economy Act.
The federal government says Bill C-5 will strengthen Canada’s economy, as the country fights a trade war and tariffs imposed by U.S. President Donald Trump.
The first part of the legislation aims to eliminate all remaining federal barriers to domestic free trade, which is something Prime Minister Mark Carney promised by Canada Day. The second would grant sweeping powers to the government to speed up approvals for infrastructure and energy projects deemed in the national interest.
‘Not a good way to start’
Woodhouse Nepinak said some First Nations fear the bill will allow the government to trample treaty rights and override environmental assessments.
C-5 says the government must consult Indigenous people whose rights may be adversely affected by a fast-tracked project. But it also allows cabinet to overrule any act of Parliament for certain major projects.
The AFN national chief is calling for Simon to step in, and for the bill to be split so First Nations can have more time to review the major projects section.
“Things are being rammed through and that’s not a good way to start a new government, a new relationship,” she said.
The Governor General’s office told CBC News that since C-5 is still moving through Parliament, it is not yet under consideration for royal assent.
“All questions on legislation in development should be directed to government,” said Rideau Hall spokesperson Marilyne Guèvremont.
The bill was moving through the House of Commons committee stage on Wednesday.
“Proponents who don’t engage with Indigenous people before bringing their projects forward for consideration under this legislation will be given a lower evaluation,” Crown-Indigenous Relations Minister Rebecca Alty told the House transport, infrastructure and communities committee.
“We’ll be looking for projects that have Indigenous support and, even better, Indigenous equity.”
Sol Mamakwa, NDP MPP for Kiiwetinoong in northwestern Ontario, said First Nations have heard promises before — only to see them broken.
He wants Simon to refuse giving the legislation royal assent.
“[Governments] think it’s their land. But it’s our land,” said Mamakwa, member of Kingfisher Lake First Nation. “We’re supposed to share the benefits.”
Avoiding a constitutional crisis
Eric Adams, professor of law at the University of Alberta, said Simon can’t intervene in legislation without triggering a constitutional crisis. But Adams said she can listen to First Nations’ concerns.
“She can be a conduit for conversations,” he said. “She can sometimes give some quiet advice to the prime minister behind closed doors.”
He said that advice must be delivered without “looking like she’s taking particular sides or that she’s acting inappropriately in a political manner.”
Sol Mamakwa, Ontario MPP and member of the Kingfisher Lake First Nation, describes the issues First Nations want to see addressed before the Liberal major projects legislation, Bill C-5, proceeds.
“But her office is not meant to be a turret in a castle high on the hill,” Adams said. “She’s meant to be available for Canadians to meet with and to consult. So she has to walk that line carefully.”
He said the courts are a more appropriate venue to contest C-5.
“The Governor General is not the place,” Adams said.
Parliamentary secretary to the prime minister Kody Blois tells Power & Politics Bill C-5, the major projects legislation the government wants to fast-track through the House of Commons by Friday, is ‘not about short cuts,’ will uphold Indigenous rights and will enhance ‘economic opportunity for all Canadians.’ The bill also contains provisions to remove domestic trade barriers.
Ontario First Nations chiefs organized a demonstration on Parliament Hill Tuesday against the proposed legislation.
Scott McLeod, Lake Huron regional chief of the Anishinabek Nation, is vowing more action.
“I think what we’re going to see from today on is a grassroots movement that they can’t ignore,” said McLeod.
“First Nations have the ability to shut down the economy.… we’re going to fight.”
When asked if the resistance to Bill C-5 could turn into a movement like Idle No More in 2012 — which triggered countrywide protests including road and rail blockades — McLeod said: “I believe it already is.”
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