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National Observer

Snubs and scrambles ahead of Carney's major projects meeting with First Nations

Prime Minister Mark Carney speaks with reporters in Ottawa on May 2, 2025. Photo by: Natasha Bulowski / Canada's National Observer. Listen to article As First Nations leaders head to Gatineau for a high-stakes summit with Prime Minister Mark Carney, tensions are running high over the federal government's handling of Bill C-5 — a sweeping new law that accelerates approvals for major infrastructure and resource projects. Indigenous leaders say the process has left their communities out and broken promises to respect their rights, protect the environment and seek free, prior and informed consent. 'We worked hard to get the prime minister to agree to this meeting,' said national chief Cindy Woodhouse-Nepinak, calling it a 'historic' gathering. 'First Nations cannot be on the sidelines in the year 2025.' But many see the haste with which the July 17 meeting was assembled as a reflection of the flaws in the bill itself. Rushed preparations and disjointed messaging The July 17 summit at the Canadian Museum of History is the first in a series of promised meetings between Carney and Indigenous leaders, put together after increasing criticism of Bill C-5. Invitations, agenda and venue details landed in chiefs' inboxes with barely a week's notice, forcing communities to scramble for travel and messaging strategy. 'First Nations are united in an understanding that we have always supported economic development and prosperity for all,' said Cindy Woodhouse-Nepinak. 'But not at the expense of our rights.' Abram Benedict, Ontario regional chief for the Chiefs of Ontario said the lead-up was 'chaotic,' with little chance for communities to develop a clear message. 'We didn't have a national position on C-5. Every region, every community faces different realities. How can we possibly have a unified message for the prime minister when there's been no real chance to come together and talk?' Woodhouse-Nepinak said chiefs will be arriving with diametrically opposing goals and viewpoints, depending on their communities. 'Many chiefs are very concerned about Bill C-5,' said Woodhouse-Nepinak. 'Other chiefs are saying they want to proceed quickly with projects and resource revenue sharing.' The meeting with Carney and federal ministers is also limited to four hours — a timeframe seen insufficient for substantive dialogue. 'The challenge we are going to face [with] several hundred First Nation leadership or delegates in a room with the prime minister for four hours, I hope accomplishes more, but I'm going to be encouraging our leadership that we have a single message to the prime minister, and that four hours is not going to achieve enough,' Benedict said. Nation-building priorities One collective priority the national chief identified is the infrastructure gap separating life on reserves from the rest of the country. 'Canadians win by fast-tracking the construction of modern schools in First Nations, and housing in First Nations, by fast tracking clean water systems, all-season road access and reliable internet service.' She named 'a commitment to closing that infrastructure gap, with timelines' as a top priority for the meeting in Gatineau. Carney hasn't associated Bill C-5 with those priorities to date. Instead, he's sold the bill as a way to accelerate approvals for major projects — pipelines, mines, ports — deemed in the 'national interest.' The government touts the law as essential for economic growth and international competitiveness, but Indigenous leaders say the process sidelined their voices, undermined environmental protections, and broke faith with commitments to free, prior and informed consent under UNDRIP. Senator Paul Prosper, former chief of the Paqtnkek (Afton) Mi'kmaw Nation, said that trust is "the cornerstone of the relationship with government" for many First Nations and is concerned that the expedited process for Bill C-5 represents a setback due to the lack of real involvement from First Nations leadership. Russ Diabo, Indigenous policy analyst pointed out that some BC chiefs did not receive invites. 'I feel like the feds are purposely selecting those chiefs who will be favourable towards this Canada Act initiatives,' said Mike Christian, chief of Splatsin First Nation in BC. He said he recently got the registration link from another chief. Wet'suwet'en Hereditary chief Na'Moks was also not formally invited to the summit. 'This exclusion is not only disrespectful — it undermines the very foundation of Nation-to-Nation relationships,' said Na'Moks in a press release. 'Decisions made at this summit will impact our lands and people. We will not be silenced or sidelined.' Canada 'has to follow its own laws' A successful meeting, according to Benedict, would require the government to acknowledge the rushed and 'very disrespectful' process of Bill C-5 and commit to 'more solid engagement' with First Nations going forward. He said if the government is truly committed to working with First Nation leaders, then just holding national meetings about Bill C-5 isn't enough. He hopes Carney will promise a process with more direct regional engagement. Not all chiefs are opposed to the spirit of Bill C-5. 'There are those that want to get economic development going, they do want the jobs, the skills and training, they want the revenue sharing, the equity agreements in place where they're part of it and ownership of it on their own terms,' said Robert Phillips, a political executive with the First Nations Summit and regional chief with the BC Assembly of First Nations. 'But we can't have these agreements going ahead with 'trust us we will take care of you' and it can't be after the fact — we have to be at the table now.' With Carney suggesting that a pipeline to the coast is 'highly likely,' leaders in BC are seeking clarity on what projects are being considered and how decisions will be made. 'If the Liberal government wants to continue with reconciliation it has to follow its own laws. First Nations are very concerned, not only in terms of the law itself but significant procedural and substantive concerns with the bill,' Phillips said. 'We want to see our rights and interests met, not just be brought in after the fact.' A related challenge leaders want Carney to address in Gatineau is that many nations lack the resources to fully participate in project consultations. This makes it hard for them to make informed decisions or advocate for their interests during the development and implementation of major infrastructure initiatives. 'Without additional resources … we're going to end up in the same situation,' Benedict said. The PMO wrote in an email to Canada's National Observer that it has committed to establishing an Indigenous Advisory Council as part of the office managing the major projects under C-5, and that it will allocate $40 million to 'strengthen Indigenous Peoples' capacity to participate in implementing the Building Canada Act.' 'Forty million sounds like a lot, but spread across more than 600 First Nations? It's not nearly enough,' said Benedict. Legal flashpoint On Tuesday – two days before the Gatineau meeting – news broke that nine First Nations in Ontario are challenging the constitutionality of Bill C-5 in court; they're also seeking an injunction to block the bill until the court reaches a decision on their challenge. 'There is no standalone obligation to consult [Indigenous peoples] on proposed legislation,' explains Bruce McIvor, a Métis lawyer and the founder of First Peoples' Law firm. Governments routinely pass laws without consulting Indigenous groups – for instance, the tax cut Carney passed in June – which doesn't automatically raise any legal issues. 'But if you pass a law and that law has the effect of infringing Aboriginal and treaty rights, the law itself can be challenged. And if you didn't adequately consult before the law was passed, that's one of the things that the courts will take into account.' While challenging the law itself may be an uphill battle, First Nations have a long track record of defeating specific industrial projects in court. 'No projects in Canada will go ahead without the support of First Nations,' said the national chief, though she declined to comment on the constitutional challenge against C-5 itself. McIvor sees the moment when cabinet's uses its self-appointed power to define the 'national interest' as one critical legal flashpoint. 'My expectation is, when that occurs, if there's a court challenge, the court will look at whether the constitutional obligation to consult and accommodate was fulfilled up to that decision point.' Now that the legislation has passed, the government is focusing its consultation efforts on the projects themselves. In an email response to Canada's National Observer, Pierre-Alain Bujold, a spokesperson for the Privy Council Office, confirmed this approach. 'The Building Canada Act ensures that Indigenous Peoples whose rights — including treaty rights — may be affected are consulted at key stages: before a project is designated as being in the national interest, before the issuance of the conditions document, and before any amendment to the conditions document.' That may be enough for some nations. But the history of major industrial projects in this country – pipelines in particular – is that some Indigenous communities support them while others don't. A perfect example is the Coastal GasLink pipeline, which feeds the LNG Canada export terminal in Kitimat. That pipeline was supported by several First Nations whose territories it crossed; it also sparked the historic Wetsuwet'en protests that dragged on for years, briefly spread across the country, and provoked a violent RCMP response that made international headlines. Hereditary chief Na'moks, who wasn't invited to Gatineau, was a key leader of those protests. The government hasn't clarified what it would do should this scenario repeat itself, as appears likely if a new pipeline to BC makes the Major Projects list. This is the nightmare outcome for Indigenous leaders, opening the door for the 'divide-and-conquer' politics invoked by Robert Phillips. 'First Nations are united in an understanding that we have always supported economic development and prosperity for all,' said national chief Woodhouse-Nepinak. 'But not at the expense of our rights.' 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