Latest News

Canada's First Nations challenge constitutional legislation

The Canadian First Nations have launched a constitutional challenge against laws recently passed that would expedite approval of infrastructure projects such as mines and oil pipes. They claim the measures violate government obligations towards Indigenous people.

According to a Monday notice filed at Ontario Superior Court, the two new laws - one in Ontario and the other federally - "represent a clearly and present danger to Applicant First Nations’ self determination rights" and violate government obligations to reconcile Indigenous peoples.

Nine First Nations are involved in the case, and they are spread across Ontario. They include Alderville First Nation and Apitipi Anicinapek Nation. The federal legislation was passed quickly by the Parliament late last month. The government would be able to select infrastructure and resources projects that are in the "national interests" and decide whether certain laws apply.

Mark Carney, the Liberal Prime Minister, wants to see this law fulfill his campaign promise of speeding up approvals for what he called nation-building projects such as mines and oil pipes. The Ontario law passed early in June allows the government declare "special economies zones" which exempt certain projects from provincial laws.

Both laws are opposed by environmentalists who say they circumvent legislation intended to mitigate ecological harms. Indigenous groups, on the other hand, claim they violate their right to self-determination as well as the duty of consultation owed to them by government.

The court document states that the national law allows Canada to "unilaterally push through projects without meaningful engagement" with First Nations.

A spokesperson from Canada's Privy Council Office said in an email that Canada was committed to meeting its obligations and commitments to Indigenous peoples. Carney is scheduled to meet with First Nations Inuits and Metis over the next few weeks. The email stated that "Canada's aim is to pursue projects of national importance in partnership with Indigenous Peoples." This initiative is focused on ensuring that Indigenous equity participation in major project development is at the forefront.

The Ontario government has said that it will continue its consultations with First Nations this summer. (Reporting and editing by Aurora Ellis, Cynthia Osterman and Anna Mehler Paperny)

(source: Reuters)