Carney, Eby and Ford should cool their deregulatory rush

National Observer

19 hours ago

Canada is weakening environmental safeguards and threatening relationships with the country's First Nations in a mad rush to generate new resource-extraction developments. If steps aren't taken quickly to bring First Nations onside with major projects, Canada should prepare for strained relations and a barrage of court injunctions and blockades with enormous power to slow industry.
Since the trade war began, the feds and governments of BC and Ontario have hastily proposed or passed bills to speed resource development, downgrading environmental protection in the process. And while all three governments still promise to meet Indigenous consultation requirements, none obtained buy-in from First Nations before the bills were presented.
They also made it clear that going forward, they want consultation to click along a heck of a lot faster. This decide-first, talk-later approach is not sitting well with First Nations whose territories bear most of the environmental risks posed by resource extraction.
The excuse for the development rush, of course, is the US tariff attack on Canada's economy, which has hammered some of our key industries, such as steel production and automobile manufacturing. Fallout from the tariffs have raised fears of a recession, and it has been widely accepted among all levels of government that the fix is more development and a broader international trading base to lessen our dependence on the US.
On Friday, Prime Minister Mark Carney presented his blueprint for economic success — a bill with an expedited two-year approval timeline for major infrastructure projects deemed in the national interest. It calls for a new project preapproval process that massively weakens environmental impact assessments. Assessments could no longer form grounds to kill a project — instead they will be used to identify and mitigate environmental risks.
Backlash from the powerful Assembly of First Nations (AFN) was immediate. 'The Assembly of First Nations remains deeply concerned about the lack of time and appropriate process to carry out the Crown's consultation and consent obligations, especially given the potentially massive impact on the rights of First Nations,' AFN National Chief Cindy Woodhouse Nepinak said in a statement. An emergency meeting is being scheduled for this week.
Similar bills in Ontario and BC have met with the same reaction. Ontario's Bill 5 allows the province to ram through development in special economic zones with no regard for existing provincial or municipal laws or regulations. In particular, the Ontario government wants quick access to mining in the province's mineral-rich north, known as the Ring of Fire.
If major projects aren't supported by First Nations, Canada can expect strained relations and a barrage of court injunctions and blockades with enormous power to slow industry. @adriennetanner.bsky.social writes for @nationalobserver.com
The Chiefs of Ontario, which represents Ontario First Nations, were understandably insulted when Ontario passed the bill which they say abrogates treaty rights and ignores their environmental and social concerns. Grand Chief Abram Benedict said his organization was denied requests to discuss the bill during the planning stages. The government's attitude seems to be ''after the bill passing we'll go consult,' and that's not how it works,' said Benedict, who wants the bill rescinded.
Two bills in BC that could bypass environmental assessments to expedite large infrastructure projects, including critical minerals mines, and renewable energy projects, drew criticism from some First Nations leaders and former NDP cabinet minister Melanie Mark, who is Indigenous.
Navigating the disparate interests of business and First Nations is no mean feat for any government. Big business has long argued that Canada's slow, unpredictable project approval process is hampering economic progress. A study done by the C.D. Howe Institute, a conservative non-profit think tank, blames, in part, high regulatory costs and complex negotiations with several levels of government, including Indigenous governments.
The federal government has acknowledged delays are slowing Canada's economy and in Budget 2023 promised to improve the efficiency of the impact assessment and permitting processes. But there is a big difference between streamlining an impact assessment process, bogged down by jurisdictional overlap, and defanging it completely.
In this supercharged building environment, everyone seems to be forgetting about the multiple court decisions upholding the rights of First Nations to be partners at the bargaining table. There are clear warning signs that recent government bills may be an overcorrection.
In BC, even the business-boosting provincial chamber of commerce spoke against the Infrastructure Projects Act because First Nations were not consulted at the outset. The failure could result in legal challenges, the chamber warned.
There are a few takeaways here that governments at all levels could take to heart before their experiments in deregulation end in court, protests and frustration. For reconciliation to be meaningful, it really should happen at the front end — anything less is insulting. And environmental protections should not be allowed to wax and wane with every change in government.
The former Conservative government of Stephen Harper took a wrecking ball to environmental protections, cutting spending on environmental research and monitoring, muzzling federal scientists and downgrading Canada's commitment to lower carbon pollution by pulling out of the Kyoto Accord. Harper's agenda gave birth to the Indigenous-led Idle No More movement which rolled out protests, blockades on rail corridors and highways in 2012 and 2013.
Trudeau's Liberals reversed that trend, with enhanced species and habit protections, increased recognition of Indigenous rights and a suite of ambitious climate policies, some of which succeeded better than others.
Just as too much red tape should not be allowed to stagnate our economy, a trade war should not be used as an excuse to blast hard-fought environmental protections. Nor should it supplant reconciliation efforts and consultation with First Nations. There is a delicate balance to be had here, and we haven't yet hit it right.