
Did Canada's Adoption of UN Indigenous Pact Affect BC Court Ruling on First Nation Land Claim?

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Group representing 8 First Nations calls to oust grand chief over development agreement
Some First Nations chiefs are calling for the ousting of a Manitoba grand chief after they say they were left in the dark about a new development agreement recently signed with the Manitoba Métis Federation. On Monday, the Southeast Resource Development Council Corp, (SERDC) which represents eight southern Manitoba First Nation communities, publicly released a motion they say has been served to Southern Chiefs' Organization (SCO) Grand Chief Jerry Daniels. The motion calls for an "immediate SCO chiefs in summit for a non-confidence vote" of Daniels's leadership. It accuses Daniels of acting "outside of the constitution of the SCO authority and decision-making" after SCO signed a five-year agreement last Wednesday with MMF to work together on major infrastructure and development projects. SERDC chiefs said in a statement they played no part in negotiations before the deal was signed, and knew nothing about it before it was announced. "We are not opposed to any MOU or any other agreements that have been properly vetted through the SCO chiefs-in-summit or chiefs assembly," SERDC said. "We are opposed to the continued lack of respect to our SCO chiefs and the blatant disregard to SCO constitutional procedure not being followed by our grand chief. The SCO was founded on the basis of working together to advance our issues and interests collectively. "We observe this organization is continuing down a path that is not reflective of the rights holders we represent, and must be addressed." CBC News reached out to Daniels for comment on Monday, but was told by a SCO spokesperson he was not available. The spokesperson said that SCO is aware of the motion, and it's hoping to see SCO and SERDC officials meet "as soon as possible." "The SCO chief executive committee has informed the SERDC of their intent to meet with them directly," the spokesperson said. Pine Creek chief speaks out Last Friday Derek Nepinak, chief of Pine Creek First Nation, one of the communities represented by SERDC, released a scathing statement after the agreement was announced. He claimed his community made no delegation of authority to the SCO to enter into negotiations or discussions with MMF. "We found out about this event on social media afterwards," Nepinak wrote about a Wednesday signing ceremony in Winnipeg, where the agreement was signed between Daniels and MMF President David Chartrand. "As a rights-bearing community, we take the protection of our inherent and treaty obligations very seriously, and no provincial corporation should ever think it can usurp the voice of our rights protectors." This is now the second time in recent months that Daniels is facing a challenge to his leadership with SCO, which represents 33 southern Manitoba First Nations, and more than 88,000 citizens. In December of last year Ottawa Police reported they were called to a "disturbance" outside of a downtown bar in the nation's capital just after 2:30 a.m. on Dec. 3, that led to Daniels being sent to hospital with injuries. At the time Daniels was in Ottawa for the Assembly of First Nations (AFN) Special Chiefs Assembly, which brought Indigenous leaders together from across the country. After the incident, SCO's chief's executive committee said they would hold a chiefs summit in January to decide the best path forward for Daniels and the organization, and Daniels said he would be taking a health leave and seeking treatment for what he said were "challenges" with alcohol. SCO announced on Jan. 25 their executive committee determined that the best path forward for the organization was to have Daniels continue as grand chief and he was reinstated immediately.

Epoch Times
a day ago
- Epoch Times
Did Canada's Adoption of UN Indigenous Pact Affect BC Court Ruling on First Nation Land Claim?
First Nations and Inuit leaders and then-Justice Minister David Lametti participate in an announcement about the UNDRIP in Ottawa on Dec. 3, 2020.
Yahoo
2 days ago
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Indigenous leaders on Trans Mountain lessons as Building Canada Act moves forward
OTTAWA — Two former Indigenous leaders on both sides of the debate over the Trans Mountain pipeline expansion say the federal government can't ignore First Nations on future infrastructure projects it seeks to approve. Their comments come as Prime Minister Mark Carney aims to fast-track major projects, such as pipelines and mines, through his government's newly adopted "Building Canada Act." Following years of delays and legal challenges, the expanded Trans Mountain pipeline, known as TMX, began operating last year. The project took more than 10 years to complete, after a court cited inadequate consultation with Indigenous groups in its decision to quash the federal government's initial approval of the expansion. The Canadian Press spoke with two former Indigenous leaders — one who supported TMX and one who opposed it — about what lessons have been learned from Trans Mountain, and whether they expect anything different from Carney's plans to accelerate more major projects. Leah George-Wilson, former chief of the Tsleil-Waututh Nation, doesn't believe Ottawa has learned any lessons. "I think we will see more First Nations turning to the courts over this piece of legislation," she said of the Building Canada Act. George-Wilson's B.C.-based First Nation fought in court against the Trans Mountain expansion pipeline, which ends in Burrard Inlet, part of her people's ancestral territory. They initially succeeded in reversing the Trudeau government's approval of the project in 2018 over a lack of consultation. However, after the government reapproved the project in 2019, First Nations such as Tsleil-Waututh were unable to stop it. It was during this legal battle that the federal government purchased the Trans Mountain project from Kinder Morgan, which had been preparing to withdraw. The TMX saga has left George-Wilson feeling pessimistic about the government's approach to other projects. "Even today … the government has not responded to the significant impacts that Trans Mountain has had and continues to have on our community," she said. She says she is not reassured by Carney's promise to respect section 35 of the Constitution Act — which guarantees the ancestral rights of Indigenous peoples — nor by the meetings he held over the summer with Indigenous leaders on his government's plans to quickly approve infrastructure projects. Some Indigenous communities have said they were not consulted during the drafting of the new legislation and fear it will infringe on their rights. Nine First Nations in Ontario have already filed a legal challenge against the Building Canada Act. With the law, Carney wants to speed up projects that Ottawa considers to be in the national interest, with the goal of limiting approval times to two years. "I don't think this piece of legislation is going to speed up the projects at all because they're going to end up in court," she said. However, Joe Dion a former grand chief in Alberta, says he thinks the Carney government will respect Section 35 and honour the principle of free, full, and informed consent of First Nations. "For the government to revoke this section or to go against it would be a national shame. So I don't think it's going to happen'," said Dion, who is the CEO and director of the Western Indigenous Pipeline Group. The group includes dozens of Indigenous communities that, in partnership with Pembina Pipeline Corporation, want to acquire TMX. Ottawa has signalled its intention to divest itself of the pipeline ever since it purchased it from Kinder Morgan, though it has not yet done so. Dion believes that things have changed significantly since the Trans Mountain saga began, and believes the Carney government intends to fully involve Indigenous communities in future projects labelled as in the national interest. "The government is now saying that the First Nations and the Indigenous groups will have equity, will have ownership in these projects," he said in an interview. "When TMX started, there was no promise of that at all … We had to fight for it, we have to fight for it." Dion acknowledges that the Building Canada Act has drawn criticism from many Indigenous communities, but he said, "You will never have unanimity, whether it's First Nations or non-First Nations." In his view, projects that would "severely affect" Indigenous communities will simply not go ahead, and won't be selected as being in the national interest. This report by The Canadian Press was first published Aug. 18, 2025. Émilie Bergeron, The Canadian Press Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data