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Canada passes law to expedite resource projects but faces opposition from Indigenous peoples

The Canadian Senate has passed a bill that will expedite approval of natural resource and infrastructure project despite protests by environmental and Indigenous groups. They have also threatened legal action and protests. Carney's ability to implement the bill and pass it is a test of his leadership. He was elected to office in April on a promise to transform Canada's economic situation in response to what he called a "national crisis" caused by U.S. Tariffs. The proposal of the Liberal government speeds up approval for "national interest" project, which could include mines and oil pipes, and removes some trade barriers among provinces. The proposal passed the lower house last week, with some Conservative backing, and was approved by the Senate right before the summer break. The so-called Henry VIII Clauses allow the Cabinet to decide whether certain laws are applicable to "national interest" projects.

Eight environmentalists and Indigenous leaders sounded off on the bill. It threatens to undo years of reconciliation work between Canada's federal government and its First Peoples. Some groups have promised to fight the legislation in court, while others have pledged protests.

Sara Mainville, lawyer and former Couchiching First Nation chief, said that if Carney continues in this direction, his clients will likely take legal action. The duty to consult First Nations in Canada is recognized by the courts as a constitutional obligation. Fast-tracking the approval of projects, say indigenous groups, is a way to avoid this obligation and denies them their real voice.

Cindy Woodhouse Nepinak, National Chief of the Assembly of First Nations, said that "this bill is a serious threat to First Nations' rights."

"We will not give up our fight." Indigenous protesters in the past have been against projects. Protesters in Canada shut down major rail lines and highways for several weeks at the beginning of 2020 to show their solidarity with an Indigenous group from British Columbia who was fighting to prevent a pipeline being built through its land.

Carney said that the bill enshrines the right to consult, and he called it the main domestic response to U.S. president Donald Trump's tariffs.

Mainville said that consultation alone was not sufficient. Accommodation is needed - an assurance that "you are going to do something because you have heard concerns." The law will become effective when Governor General Mary Simon signs it, as the representative of King Charles Canada's Head of State.

British Columbia's legislature passed a bill last month to expedite infrastructure projects. A similar measure in Ontario gives the province's Cabinet greater powers. Canada is the No. Canada is the world's No.4 oil exporter, and it is a mining powerhouse. The Ontario Bill, which was passed earlier this month, is aimed at promoting mining in the "Ring of Fire", in the north of the province. Canada wants to reduce its economic dependency on the United States where it sends 75% of exports.

LEGAL CHALLENGES

Joshua Ginsberg of the Ecojustice Environmental Law Clinic, University of Ottawa, is director of the Ecojustice Environmental Law Clinic. He says that some environmentalists are concerned about projects being approved before they have been risk-assessed and being pursued regardless of any risk. Carney plans to meet Indigenous leaders in the summer. He did not answer a question asked last week about whether a country could effectively veto a project. The office of the President did not respond when asked for comment.

Abram Benedict, Ontario Regional Chief with Chiefs of Ontario said that there would "definitely be" legal challenges.

There will be challenges to both the law itself and the constitutionality of legislation. The bill will be operationalized and projects can begin. (Editing by Chris Reese and Caroline Stauffer, Daniel Waller)

(source: Reuters)