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Nine First Nations in Canada challenge the constitutionality of major projects legislation

Nine First Nations are challenging the constitutionality of a recently passed law that aims to accelerate major projects. They claim it violates the constitutional obligations of government to First Nations.

According to an application filed at the Ontario Superior Court, the two new laws are "a clear and present threat to the self-determination of the Applicant First Nations" and violates the obligation for the government to reconcile with First Nations.

Alderville First Nation was represented by Apitipi Anicinapek Nation. Aroland First Nation included Attawapiskat First Nation. Fort Albany First Nation included Ginoogaming First Nation.

The law passed by the federal government last month was a quick one. It allows the government to select projects that are in the "national interests" and decide if certain laws apply.

Mark Carney, Liberal Prime Minster, hopes to keep his campaign promise of speeding up approvals for what he refers to as nation-building projects. This could include mines and oil pipes.

The Ontario law passed early in June allows the government declare "special economic areas" which exempt certain projects from provincial laws.

The two laws have been criticized by environmentalists who claim they ignore legislation intended to reduce ecological harms and Indigenous groups, who assert that they violate their right to self-determination as well as the duty of the government to consult.

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

The Canadian government's spokesperson did not immediately reply to requests for comment on Tuesday.

The Premier of Ontario, a spokesperson said that the province will continue to work with First Nations to develop consensus on shared priorities.

In an email, they stated that "We have started productive conversations with First Nations communities who share our vision for unlocking economic opportunities and critical infrastructure and will continue consultations through the summer." (Reporting and editing by Aurora Ellis in Toronto, Anna Mehler Paperny)

(source: Reuters)