The Assembly of First Nations delivered a clear message to Finance Minister Mark Carney yesterday: the government’s new infrastructure legislation fails to respect Indigenous rights and could face significant legal challenges if pushed forward without proper consultation.
In what observers described as a tense meeting at the AFN’s Ottawa headquarters, National Chief Cindy Woodhouse confronted Carney over Bill C-79, the Major Projects Acceleration Act, which aims to fast-track approval processes for infrastructure projects deemed in the “national interest.”
“This legislation represents a fundamental step backward in reconciliation,” Woodhouse told reporters following the closed-door session. “We cannot support a bill that sidesteps our constitutionally protected rights to consultation and consent.”
The controversial bill, introduced last month, would create a new federal agency with powers to designate certain infrastructure projects for expedited review, potentially bypassing some environmental assessment requirements and limiting public consultation periods.
Government officials maintain the legislation is crucial for Canada’s economic competitiveness. At a Regina Chamber of Commerce event last week, Carney defended the bill, stating that “regulatory certainty and efficiency” were needed to attract investment in critical infrastructure.
“We cannot wait six or seven years to build the clean energy projects this country needs,” Carney said. “Our international competitors are moving quickly, and Canada risks being left behind.”
But First Nations leaders across the country see the legislation differently. Chief Willie Sellars of the Williams Lake First Nation in British Columbia called the bill “consultation theatre” during a CBC Radio interview Tuesday.
“They’re asking for our input after the framework is already written,” Sellars explained. “That’s not consultation – that’s notification.”
The legislation has revealed divisions within the Liberal caucus itself. Parliamentary records show at least four Liberal MPs raised concerns during closed caucus meetings about the bill’s potential impact on Indigenous relations, according to a source familiar with the discussions who requested anonymity.
The controversy comes at a precarious time for the government. Recent Abacus Data polling shows Liberal support among Indigenous voters has dropped 12 percentage points since January, with 47% now disapproving of the government’s approach to reconciliation.
Constitutional experts suggest the government may be on shaky legal ground. Professor Karen Drake, an Indigenous law specialist at Osgoode Hall Law School, points to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which Canada formally adopted into law in 2021.
“The UNDRIP legislation requires free, prior and informed consent for projects affecting Indigenous territories,” Drake explained. “Bill C-79 seems to create mechanisms to work around those principles rather than uphold them.”
The legislation would allow cabinet to designate “priority corridors” for development where normal consultation timelines could be compressed and certain review stages potentially bypassed.
In northern Ontario, Nishnawbe Aski Nation Grand Chief Alvin Fiddler has expressed particular concern about how the bill might affect the Ring of Fire mineral development, a massive chromite mining project in the James Bay Lowlands.
“We’ve spent years developing community-based assessment processes,” Fiddler told The Globe and Mail. “This legislation threatens to undermine all that work in the name of speed.”
During yesterday’s meeting, sources indicate Carney attempted to reassure chiefs that Indigenous rights would be respected within the new framework. He reportedly committed to considering amendments before the bill reaches committee stage.
But for many First Nations leaders, the fundamental issue isn’t about tweaking the legislation – it’s about the process itself.
“Once again, we’re being presented with a fait accompli,” said Chief Darcy Bear of Whitecap Dakota First Nation in Saskatchewan. “True partnership means we help design the legislation from the beginning, not just comment on what’s already drafted.”
The bill is scheduled for second reading next week, though government insiders suggest the timeline may slip as Liberal strategists weigh the political costs of pushing forward against mounting opposition.
Statistics Canada data indicates nearly 200 major resource projects worth approximately $585 billion are currently proposed or under regulatory review across Canada. Industry groups like the Business Council of Canada have praised the legislation as necessary to unlock this economic potential.
However, recent history offers cautionary tales. The Trans Mountain Pipeline expansion faced years of legal challenges from First Nations, ultimately delaying the project and increasing costs substantially. Experts warn that rushing consultation now could lead to similar or worse outcomes.
“Meaningful consultation isn’t just a legal requirement – it’s good business practice,” notes Stewart Phillip, president of the Union of BC Indian Chiefs. “Projects with proper Indigenous partnership have fewer delays and better outcomes.”
As pressure mounts, the Prime Minister’s Office has remained notably quiet on the controversy, with no public statements addressing Indigenous concerns since the bill’s introduction.
For communities like Curve Lake First Nation in Ontario, the stakes couldn’t be higher. Chief Emily Whetung emphasized that infrastructure decisions today will affect generations to come.
“These aren’t just projects to us – they’re permanent changes to our traditional territories and waters,” Whetung said during a recent community gathering. “We need to be full partners in deciding what happens, not just stakeholders to be managed.”
With committee hearings approaching, both sides appear to be digging in for what could become one of the most significant conflicts between the government and First Nations since the 2018 pipeline protests.
