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Hamilton Spectator
7 days ago
- Business
- Hamilton Spectator
Report raises questions about First Nations ownership in major projects
OTTAWA - A new think tank report is questioning how the federal and provincial governments' sprint to build major infrastructure projects might affect Indigenous Peoples' rights — and warns that it could end up pitting Indigenous communities against each other. The report by the Yellowhead Institute, 'Buried Burdens,' takes a look at major projects through a case study of the Prince Rupert Gas Transmission Project and the Ksi Lisims facility in B.C., which are expected to transport millions of tonnes of gas per year. Owned in part by the Nisga'a Nation, the project has seen staunch opposition from other First Nations communities that did not approve or consent to it. The Yellowhead report, released this week, comes amid a countrywide push to rapidly launch major projects, including pipelines, to shore up the economy against U.S. President Donald Trump's trade war. The recently passed One Canadian Economy Act gives Ottawa the power to fast-track projects it deems to be in the national interest by sidestepping environmental protections and other legislation. Governments have been encouraging First Nations leaders to support such projects through loan guarantees and promises of financial incentives. But many First Nations leaders fear their ways of life could be irreparably harmed if governments evade environmental standards. 'Right now, the narrative is full speed ahead on resource development,' said Hayden King, a member of Beausoliel First Nation who serves as Yellowhead's executive director. 'Increasingly, that includes Indigenous partners, but there's not a lot of discussion on the dynamics of investing in projects like these, and there's a risk that has to be considered … 'First Nations are not necessarily the ones merely impacted by these developments, but they're being encouraged to invest in these projects, to be partners in these projects and grant social licence to enable these projects.' Some provinces have enacted laws similar to the One Canadian Economy Act, including Bill 5 in Ontario, now the subject of a court challenge by nine First Nations. And in B.C., Premier David Eby's government passed Bills 14 and 15 — pieces of legislation meant to ramp up energy and infrastructure development that have come under fire from First Nations. Prime Minister Mark Carney has frequently pointed to Indigenous participation in major projects as a means to ensure their success and prevent delays. He has pointed to the $10 billion Indigenous Loan Guarantee Program as proof of Ottawa's commitment to ensuring Indigenous communities have a meaningful stake. The report challenges that argument altogether, calling it an 'industry-driven narrative.' 'While there are potential benefits from participating in equity ownership when compared to shorter-term impact benefit agreements and service contracts, there are also greater risks,' the report says. 'This particular philosophy of 'economic reconciliation' imagines Indigenous communities regaining control of their economies, aiming for self-sufficiency, sustainability, and self-determination. This is an industry-driven narrative that presents resource extraction as the singular pathway to achieve these ends.' That narrative, the report says, could also cause rifts between Indigenous communities that support specific projects and those that do not. 'While uncomfortable, conflict and disagreement are part of Nation-to-Nation relationships — and always have been. However, it is equally important to recognize that in true Nation-to-Nation relationships, the self-determining rights of one Nation cannot supersede the inherent rights of another,' the report says. King said potential conflicts between pro-development communities and those more hesitant lends itself to conversations about the kinds of development that align with their values. But that conversation is also about rights, King said, and how courts will strike a balance among First Nations who don't see eye-to-eye on project proposals. 'Let's not have the courts decide the answers to those questions, but let's actually work through diplomacy and figure those out on our own terms, using our own Indigenous law,' he said. King said that discussion should 'feed back into the conversation about what kind of economy … we want,' pointing to the pre-contact economies that once sustained Indigenous Peoples. 'We had these economies, and still do to a degree. So what would it look like to reimagine those, and rearticulate them in the face of the narrative that we only have one option, which is resource development?' he said. This report by The Canadian Press was first published July 23, 2025.


Winnipeg Free Press
7 days ago
- Business
- Winnipeg Free Press
Report raises questions about First Nations ownership in major projects
OTTAWA – A new think tank report is questioning how the federal and provincial governments' sprint to build major infrastructure projects might affect Indigenous Peoples' rights — and warns that it could end up pitting Indigenous communities against each other. The report by the Yellowhead Institute, 'Buried Burdens,' takes a look at major projects through a case study of the Prince Rupert Gas Transmission Project and the Ksi Lisims facility in B.C., which are expected to transport millions of tonnes of gas per year. Owned in part by the Nisga'a Nation, the project has seen staunch opposition from other First Nations communities that did not approve or consent to it. The Yellowhead report, released this week, comes amid a countrywide push to rapidly launch major projects, including pipelines, to shore up the economy against U.S. President Donald Trump's trade war. The recently passed One Canadian Economy Act gives Ottawa the power to fast-track projects it deems to be in the national interest by sidestepping environmental protections and other legislation. Governments have been encouraging First Nations leaders to support such projects through loan guarantees and promises of financial incentives. But many First Nations leaders fear their ways of life could be irreparably harmed if governments evade environmental standards. 'Right now, the narrative is full speed ahead on resource development,' said Hayden King, a member of Beausoliel First Nation who serves as Yellowhead's executive director. 'Increasingly, that includes Indigenous partners, but there's not a lot of discussion on the dynamics of investing in projects like these, and there's a risk that has to be considered … 'First Nations are not necessarily the ones merely impacted by these developments, but they're being encouraged to invest in these projects, to be partners in these projects and grant social licence to enable these projects.' Some provinces have enacted laws similar to the One Canadian Economy Act, including Bill 5 in Ontario, now the subject of a court challenge by nine First Nations. And in B.C., Premier David Eby's government passed Bills 14 and 15 — pieces of legislation meant to ramp up energy and infrastructure development that have come under fire from First Nations. Prime Minister Mark Carney has frequently pointed to Indigenous participation in major projects as a means to ensure their success and prevent delays. He has pointed to the $10 billion Indigenous Loan Guarantee Program as proof of Ottawa's commitment to ensuring Indigenous communities have a meaningful stake. The report challenges that argument altogether, calling it an 'industry-driven narrative.' 'While there are potential benefits from participating in equity ownership when compared to shorter-term impact benefit agreements and service contracts, there are also greater risks,' the report says. 'This particular philosophy of 'economic reconciliation' imagines Indigenous communities regaining control of their economies, aiming for self-sufficiency, sustainability, and self-determination. This is an industry-driven narrative that presents resource extraction as the singular pathway to achieve these ends.' That narrative, the report says, could also cause rifts between Indigenous communities that support specific projects and those that do not. 'While uncomfortable, conflict and disagreement are part of Nation-to-Nation relationships — and always have been. However, it is equally important to recognize that in true Nation-to-Nation relationships, the self-determining rights of one Nation cannot supersede the inherent rights of another,' the report says. King said potential conflicts between pro-development communities and those more hesitant lends itself to conversations about the kinds of development that align with their values. Monday Mornings The latest local business news and a lookahead to the coming week. But that conversation is also about rights, King said, and how courts will strike a balance among First Nations who don't see eye-to-eye on project proposals. 'Let's not have the courts decide the answers to those questions, but let's actually work through diplomacy and figure those out on our own terms, using our own Indigenous law,' he said. King said that discussion should 'feed back into the conversation about what kind of economy … we want,' pointing to the pre-contact economies that once sustained Indigenous Peoples. 'We had these economies, and still do to a degree. So what would it look like to reimagine those, and rearticulate them in the face of the narrative that we only have one option, which is resource development?' he said. This report by The Canadian Press was first published July 23, 2025.


Scoop
15-06-2025
- Politics
- Scoop
Brazil Must Abandon 'Marco Temporal' Doctrine Once And For All, Says UN Expert
GENEVA (11 June 2025) – A UN expert today expressed grave concern about Brazil's continued use of the controversial 'Marco Temporal' legal interpretation to revoke the legal foundation for indigenous land demarcation and annul the demarcation of indigenous territories in Santa Catarina. 'This legislative move enforces the discredited 'Marco Temporal' doctrine, which restricts Indigenous land rights to territories physically and permanently occupied as of 5 October 1988, the date of Brazil's current Constitution,' said Albert Kwokwo Barume, Special Rapporteur on the rights of Indigenous Peoples. Brazil's Senate has approved Legislative Decree No. 717/2024, which seeks to revoke the legal foundation for Indigenous land demarcation and annul the demarcation of the Toldo Imbu and Morro dos Cavalos Indigenous Territories in Santa Catarina. The Bill is now before the Chamber of Deputies. 'This is a deeply regressive step that undermines Indigenous Peoples' rights, environmental protection, and climate action, I urge lawmakers not to approve the Bill,' the expert said. The Supreme Federal Court of Brazil has already declared the Marco Temporal thesis unconstitutional. Despite this, the proposed decree threatens to hamper the work of the Fundação Nacional dos Povos Indígenas (FUNAI), which plays a vital role in the demarcation of Indigenous lands. 'This is the fourth time in four years that the Special Rapporteur on the rights of Indigenous peoples has raised public alarm over this issue,' Barume said, recalling statements issued in 2021, 2023 and 2024. 'It has also been the subject of formal communications with the Brazilian Government and should be of grave concern to the international community.' The Inter-American Commission on Human Rights has also issued warnings against the Marco Temporal thesis, which violates international treaties such as ILO Convention 169 and contradicts the jurisprudence of the Inter-American Court of Human Rights. 'Marco Temporal not only undermines legal certainty and Indigenous land rights—it also fuels rural violence and environmental degradation,' Barume said. 'It threatens Indigenous Peoples' security, health and cultural practices, contributing to a slow and painful process that could lead to their extermination.' 'I urge Brazil to abandon the Marco Temporal once and for all. As UN Secretary-General António Guterres has stated, Indigenous Peoples' rights are non-negotiable.'


Toronto Star
03-06-2025
- Business
- Toronto Star
First Nations don't have a veto over nation-building projects, Mark Carney's justice minister says
OTTAWA—Justice Minister Sean Fraser says the federal duty to consult and engage Indigenous people on major nation-building projects does not amount to granting those communities a veto. After the Assembly of First Nations (AFN) warned Prime Minister Mark Carney he must secure Indigenous Peoples' consent to his plans to expedite massive infrastructure projects, citing the United Nations Declaration on the Rights of Indigenous People, Fraser said the legal duty under that declaration is viewed by international experts and the current government as limited. 'In most circumstances, I think it demands a very deep level of, of engagement and understanding of the rights that may be impacted. And to the extent that those rights can be accommodated, we should make every effort to. The explicit nature of a veto — so from my understanding — is it stops short of a complete veto,' Fraser said in response to the Star's questions Tuesday. ARTICLE CONTINUES BELOW 'But it certainly, in my view, heightens the demands upon government to engage fully to both understand the nature of the rights that could be impacted by decisions taken by the government, but also the heightened duty to accommodate those rights that are baked into our treaties and protected by our Constitution.' The first ministers meeting in Saskatoon ended Monday with Carney promising Indigenous leaders would be deeply involved in the development of 'nation-building' projects that all premiers are keen to accelerate, and which Carney intends to fast-track with new legislation, tighter timelines for approvals, and possibly federal infrastructure money as he squares off against President Donald Trump's tariff war. Federal Politics Mark Carney, premiers agree on 'nation-building priorities,' but First Nations raise alarms over lack of consultation Prime Minister hints at prioritizing energy infrastructure — such as pipelines — after first Fraser said 'international commentary and the limited jurisprudence' interpreting the UN declaration indicates that 'we do need to fully engage and to the extent there's a potential to have a more direct impact on Aboriginal and treaty rights, it demands a higher degree of engagement.' But, he said, experts have suggested 'that is not necessarily a blanket veto power.' 'But of course, we're in new territory here. Over the course of the next generation, I expect the courts are going to do some significant work, but hopefully a lot of that work is actually going to be done between governments and Indigenous Peoples themselves through engagement and conversations.' Fraser's comments represent the first clear statement of how Carney's government will interpret the UN declaration and Canadian law when it comes to consulting Inuit, First Nations and Métis people about projects on lands over which they may hold treaty or constitutional land claims. It stands in contrast to how many Indigenous leaders view the Crown's legal obligation to consult them, many of whom argue it grants the power to consent to or deny economic development proposals. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Canada adopted legislation and an action plan to implement the UN declaration under then-justice minister David Lametti, now principal secretary to Carney. The AFN, the national advocacy group for First Nations, on Monday reminded Carney of his legal obligations to consult and obtain the consent of affected communities when drawing up the legislation to fast-track projects, and when deciding on which projects will be designated 'nation-building' and qualify for expedited approvals. Without the 'free, prior and informed consent' of those communities, the AFN warned Carney's plan will be mired in conflict and litigation. Both B.C. and Ontario governments have faced pushback from Indigenous groups as they tried to expedite resource development projects. Ontario Premier Doug Ford has moved to amend a controversial bill in an effort to address concerns that Indigenous treaty rights and environmental protections are under threat. His government has proposed to allow Indigenous-led special economic zones over mining and infrastructure projects that could benefit their communities. In B.C. First Nations leaders say a new mining framework should recognize a 'duty to consent' not a duty to consult. Provincial Politics Doug Ford's Tories amend controversial mining bill to allay First Nation concerns Indigenous leaders have been warning Ford that Bill 5 fast-tracking mining and other 'I believe in duty to consult,' Ford told reporters in Toronto Tuesday. 'I believe in treaty rights. But we can't take two, three years for duty to consult. We need to move forward. What I've experienced, when they have an equity partnership in any deal, the duty consult moves rapidly. Really quick, which is a good thing, but there's an opportunity unlike they've ever seen before, and we just want a great partnership.' ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW He said there are 'many, many chiefs' that want developments like northern Ontario's Ring of Fire mining region to be developed. 'They want this road built. They want the quality of life for their kids that they never had, and that's what we're providing with them, and they're going to be great partners as we move forward.' Fraser, the federal justice minister, speaking to reporters before a cabinet meeting in Ottawa Tuesday, said that 'when we get down to the actual project decisions, it's important that we fully understand the potential impact that those projects could have on rights that are protected in our treaties and again, protected by our constitution before we actually move forward with specific projects.' He said Ottawa has had 'some engagement to date leading up to this first ministers meeting,' adding the engagement is 'ongoing.' However, AFN national chief Cindy Woodhouse Nepinak in a letter to Carney released Monday said it was insufficient for Ottawa to merely provide a letter and a three-page background document without providing the proposed legislation for fast-tracking project approvals to First Nations. Nepinak said she told Carney in a meeting last week that when it comes to 'nation-building projects,' Canada needs to start with fast-tracking the basics like clean water, quality housing, modern schools, all-season roads and community infrastructure. Crown-Indigenous Relations Minister Rebecca Alty said that while closing the First Nations infrastructure gap is important, it's not considered nation-building and would be pursued outside the proposed legislation. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Fraser said the prime minister 'has committed to engaging over the course of the summer directly with Indigenous leaders.' 'We've learned over the course of Canada's history if you exclude rights holders from the conversation, in the long term, it's actually going to slow you down. So putting in the work up front to make sure that the nature of the rights that could be impacted are well understood and moving forward, preferably in collaboration with Indigenous partners, is going to set you up for success in the long term.' But, said Fraser, there are many Canadians that do want to see projects move more swiftly. 'It's also very clear in my community and communities across the country, Canadians want to see major projects that advance the national interest approved more quickly than the existing regime has for those key projects that are nation building. So the prime minister has made that commitment. We're going to be moving forward with measures that will help move forward those projects in the national interest, but we're going to do what we can to do it in collaboration with Indigenous partners along the way.' After the first ministers meeting ended Monday in Saskatoon, premiers emerged singing Carney's praises, and vowing to work to eliminate remaining internal trade barriers, to consult with Indigenous leaders, to streamline their own provincial permitting processes and where possible co-operate with Ottawa to assign major projects a single environmental impact assessment, under the rubric of 'one-project, one-review' that Carney has been touting. Carney, for his part, said the federal government will introduce legislation to eliminate federal barriers to internal trade and to establish a Major Federal Projects Office with the stated mandate to reduce approvals time for designated 'nation-building' resource and infrastructure projects from five years to two. He also endorsed the possible approval, and even federal support for, a future oil pipeline project that could bring oilsands exports from Alberta to tidewater — whether via the West in northwest B.C. or the East to ports in Churchill as long as it carries 'decarbonized' barrels of Canadian oil to international markets, which Carney declared would be in the 'national interest.' Politics Headlines Newsletter Get the latest news and unmatched insights in your inbox every evening Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. Please enter a valid email address. Sign Up Yes, I'd also like to receive customized content suggestions and promotional messages from the Star. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Politics Headlines Newsletter You're signed up! 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NDTV
28-05-2025
- Politics
- NDTV
87,812 Indians Got Canadian Citizenship In 2024, Most From Any Nation
Canada's Citizenship Week, which kicked off on May 26 and runs until June 1, is a vibrant celebration of the country's rich diversity and the shared values that define Canadian citizenship. At the heart of this celebration is the recognition of the incredible contributions immigrants make to Canada's growth and prosperity. According to Immigration Minister Lena Metlege Diab, "Each year, Citizenship Week offers our country an occasion to reflect on the meaning of citizenship." She beautifully encapsulates Canada's identity as "a mosaic that includes Canadians of all backgrounds and cultures," emphasising the importance of Indigenous Peoples' histories and the commitment to reconciliation. The statistics underscore the significant role immigration plays in shaping Canada's identity. In 2024, a substantial 3.74 lakh individuals were granted Canadian citizenship, with Indian nationals making up 23% of this number, totaling 87,812 individuals, per a report in the Times of India. This represents a notable increase from 2023, when 78,714 Indians gained citizenship. Minister Diab praises the courage of those seeking better opportunities and security for their families, saying, "It takes incredible courage to face the challenges and uncertainty of a new place." As Canadians celebrate this diversity, the government has outlined its immigration plan for the next few years. The targets indicate a slight decrease in permanent resident admissions, with 3.95 lakh planned for 2025, 3.80 lakh for 2026, and 3.65 lakh for 2027. Despite this reduction, the government aims to prioritise those already in Canada, with over 40% of permanent resident admissions in 2025 expected to be from temporary residents. Minister Diab encourages Canadians to attend public citizenship ceremonies, highlighting the importance of recognising the value immigration brings to Canada. "As Canadians, it is our responsibility to continue to highlight the value that immigration brings to Canada, and to protect the inherent rights and dignity of those who seek to call it home," she emphasises. The Citizenship Week celebrations serve as a poignant reminder of Canada's commitment to its diverse population and the values that define its citizenship. As Minister Diab so eloquently puts it, "We also take this moment to recognise that our diversity is our strength and to collectively recommit to building a better future for all who live here."