Feasibility without First Nations isn't feasible

Winnipeg Free Press

2 days ago

Opinion
Earlier this month, the governments of Ontario, Alberta and Saskatchewan signed an agreement to explore the 'feasibility of a new west-east pipeline to bring western oil and gas to southern Ontario refineries and ports.'
In a news release, Alberta premier Danielle Smith said: 'By advancing a Canadian energy corridor from Alberta to Ontario, we are securing long-term energy access for families and businesses, creating thousands of jobs, and opening new doors for trade and investment, while strengthening our position as a global energy leader.'
There's only one problem, and it's a big one: Manitoba Premier Wab Kinew didn't sign it.
So much for feasibility.
Since the federal government's passing of the One Canadian Economy Act (Bill C-5), which promises to expedite approvals for projects deemed 'in the national interest,' provinces have been rushing to position themselves with Prime Minister Mark Carney's cabinet in the hopes their regional initiatives and economic dreams will come true.
Ontario has even passed its own version of the federal bill, in what is surely a move to speed up approval for the Ring of Fire critical mineral project despite Indigenous opposition.
The challenge for all of this — if you can call it a challenge — has been Canada's legal requirement under Section 35 of the Constitution to attain 'free, prior, and informed consent' when it comes to including and respecting Indigenous and treaty rights.
Simply put, few provinces have partnership agreements with First Nations to build economic projects and, for those that do, these were made after lengthy and costly court battles, negotiations, and conflict.
The federal bill, Ontario's bill and the 'feasibility' agreement between Alberta, Saskatchewan and Ontario has no First Nations, Métis or Inuit approval.
In other words, they are not worth much and are simply a cause for conflict.
To be honest, development occurred much quicker when Canada was genocidal.
Until the past five decades, Canada never had a legal duty to consult Indigenous peoples on the land, water, the economy, or frankly anything really — so, it didn't.
Since the country's founding in 1867 (and arguably before that), Canadian legislators took Indigenous and treaty land, moved people whenever and wherever, and made unilateral decisions on Indigenous lives and families all the time.
When law got in the way, other laws were passed under the justification that Canada's national interests were paramount.
This meant that swaths of Indian reserve lands were taken whenever a company, corporation, or the military wanted. Or, that masses of Indigenous leaders were imprisoned, Indigenous women were stripped of rights, and children were taken.
All this happened blatantly. A few kilometres from where Winnipeggers sit was the St. Peter's Indian Band, whose lands in and around Selkirk were taken illegally in 1907 while the community was removed to what is now Peguis Indian Reserve.
The tide started to change in the 1970s, when Canada's Supreme Court recognized that Indigenous title (and therefore law, government, and rights) existed and Canada had to start to act justly, humanely, and with consideration of their humanity.
Things were supposed to be different — but old Canadian habits die hard.
From the One Canadian Economy Act to the actions of provincial premiers, Canadian leaders continue to act as if Indigenous peoples are an afterthought, using age-old arguments that Canada's 'national interests' are paramount.
That is, until Kinew — who has not shied away from interest in lucrative land and resource projects — refused to join his provincial counterparts.
'In other parts of the country with other levels of government, there's the commitment to maybe push things through with legislation first,' Kinew told media, explaining his decision. 'That puts other partners on the back foot.'
Don't be confused. When Kinew says 'other partners,' he means First Nations, Inuit, and Métis rights holders.
What the premier is doing isn't because he's First Nations, it's because he's trying to follow Canadian law.
History has proven it's a tremendous waste of time, money, and energy to exclude Indigenous rights holders from conversations surrounding land, resources, and, frankly, the country.
The first and most important 'project in the national interest' is to include Indigenous governments at the outset of every single decision this country makes.
Anything else is illegal.
An unprecedented step however requires an unprecedented idea.
For Kinew, it's a Crown corporation (on par with entities such Manitoba Hydro and Manitoba Public Insurance) that can assemble Indigenous leadership to review and give approval of economic land and resource projects alongside provincial regulators.
This 'Crown Indigenous corporation' would require buy-in and unity from Indigenous leadership — and seems to have almost immediately gained it.
This week, the Southern Chiefs' Organization and the Manitoba Métis Federation came to an agreement to collectively 'advance economic reconciliation, protect Indigenous rights, and collaborate on major infrastructure and development projects across Manitoba.'
That's no coincidence. That's First Nations and Métis holders on the front foot and reserving their spot at the table.
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Niigaan SinclairColumnist
Niigaan Sinclair is Anishinaabe and is a columnist at the Winnipeg Free Press.
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