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Justice minister apologizes for comments about Indigenous veto over development projects
Justice minister apologizes for comments about Indigenous veto over development projects

Hamilton Spectator

time2 days ago

  • Politics
  • Hamilton Spectator

Justice minister apologizes for comments about Indigenous veto over development projects

OTTAWA — Justice Minister Sean Fraser has apologized personally and publicly to the national chief of the Assembly of First Nations and on Wednesday attempted to do public damage control after saying the federal government believes its duty to consult and engage Indigenous Peoples does not mean those communities have a veto when it comes to green-lighting nation-building projects. Fraser, sounding a chastened note, told reporters his comments a day earlier 'caused hurt and potentially eroded a very precarious trust that has been built up over many years to respect the rights of Indigenous People in this country.' He said he should have 'rejected the premise of the question' that was asked by the Toronto Star, a day after the AFN, a national advocacy group for First Nations, warned the Carney government of its duty to seek the 'free, prior and informed consent' of Indigenous Peoples to expedite massive infrastructure projects, citing the principle enshrined in the United Nations Declaration on the Rights of Indigenous People (UNDRIP) in Canadian law and the Constitution. The Star asked Fraser what he and Prime Minister Mark Carney understand the legal principle means when it comes to these projects. The justice minister, who is a lawyer, cited international legal experts and jurisprudence, and said it entails a duty on the government to meaningfully consult, engage and accommodate Indigenous concerns, but it doesn't constitute a blanket veto power. The Star quoted the minister extensively Tuesday. On Wednesday, Fraser tried to walk back the damage he said was done by his comments after AFN National Chief Cindy Woodhouse Nepinak reached out to him. However, Fraser did not back off the government's position — a position that has been consistent since Canada adopted its own law to interpret the UN declaration. 'I had a call last night after National Chief Woodhouse reached out expressing her frustration and I told her unequivocally that I wanted to apologize for some of the comments,' Fraser said, telling reporters nobody in government told him to publicly apologize. 'What I should have done when faced with the question that I received was rejecting (sic) the premise of the question,' Fraser said. 'The UN declaration when it comes to free, prior and informed consent, is about establishing a process based on respect and partnership as between the Crown and Indigenous Peoples. I think sometimes the conversation falls into a frankly dangerous trope that paints a false picture of Indigenous People as being anti-development somehow.' In fact, his Liberal caucus colleague, MP Marc Miller, a lawyer who served as Justin Trudeau's minister of Crown and Indigenous relations as well as minister of Indigenous services, told the Star in an interview that courts have consistently interpreted the UN declaration and Canadian law as not granting a veto. The courts have, however, set out a clear 'pathway' for governments and companies to follow in order to meaningfully consult, engage and accommodate Indigenous communities' concerns around resource developments. 'If UNDRIP had a veto in it, it is doubtful that a number of countries, including Canada, would have signed it in the first place,' Miller told the Star's Mark Ramzy. 'Now, the process of consultation is much broader than that, and depending on the quality and the impediment on the community in question, this can effectively turn into a community being able to prevent a pipeline from going through its community and depending on the project — but that is not a veto in all cases.' Miller said court decisions have established 'a road map for engagement with communities that is relatively sophisticated at this point. And the question for the federal government, is does it observe it or does it decide to cut corners? It cuts corners, it will find out, we will find out quite quickly through the court system that that will actually delay projects. So let's get it right the first time.' But, Miller added, 'to imply that UNDRIP in all cases gives a veto to every single community is to be inaccurate on what UNDRIP actually requires governments and states in question to do.' Fraser said essentially the same thing a day earlier, pointing to 'international commentary and the limited jurisprudence' that has interpreted the UN declaration to date. He said those indicate '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,' he said. '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 initial comments were 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 stood 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. Canada adopted legislation and an action plan to implement the UN declaration under then-justice minister David Lametti, who is now principal secretary to Carney. The AFN had warned Carney in a letter released Monday 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. On Monday, Woodhouse Nepinak told The Canadian Press that it is 'disheartening' when politicians make such comments, and said the government has made a series of missteps since her Thursday meeting with Carney. 'When the prime minister's trying to start a relationship with First Nations in a good way, it's disheartening when comments are made later, twice now actually this week,' she said, citing Crown-Indigenous Relations Minister Rebecca Alty saying that work to fill the First Nations infrastructure gap won't qualify for Ottawa's push to fast-track what it calls 'nation-building' projects. Woodhouse Nepinak said she was then taken aback by Fraser's comments. 'He called to apologize,' she said. 'He needs to apologize to First Nations for those comments.'

Justice minister defends border bill's restrictions on asylum claims
Justice minister defends border bill's restrictions on asylum claims

CTV News

time2 days ago

  • General
  • CTV News

Justice minister defends border bill's restrictions on asylum claims

Justice Minister Sean Fraser rises during question period in the House of Commons in Ottawa on May 30, 2025. (Sean Kilpatrick / The Canadian Press) OTTAWA — Justice Minister Sean Fraser says there will still be mechanisms allowing people to make asylum claims after being in the country for more than a year if the government's border bill passes. Critics and advocacy groups say the wide-ranging border security legislation threatens to remove civil liberties and due process from the immigration and asylum system. One of the proposed changes would prevent people from making asylum claims if they've been in Canada for more than a year. Fraser says there would still be opportunities for asylum seekers who have been in Canada for more than a year to make their case through measures like pre-removal risk assessments. The 127-page bill, unveiled Tuesday, would give authorities new powers to search mail and expand the Canadian Coast Guard's role to include security activities. It also proposes giving officials the power to pause or cancel immigration applications. David Baxter, The Canadian Press With files from Jim Bronskill This report by The Canadian Press was first published June 4, 2025.

Justice minister apologizes for comments that 'potentially eroded' trust with Indigenous peoples
Justice minister apologizes for comments that 'potentially eroded' trust with Indigenous peoples

Edmonton Journal

time2 days ago

  • Business
  • Edmonton Journal

Justice minister apologizes for comments that 'potentially eroded' trust with Indigenous peoples

Article content OTTAWA — Justice Minister Sean Fraser apologized Wednesday for recent comments about the federal government's duty to consult First Nations regarding developing projects on their territories, saying his words 'potentially eroded a very precarious trust.' The issue has emerged in light of Prime Minister Mark Carney's plan to introduce legislation that would fast-track approvals for major energy and infrastructure projects by cutting the timeline to two years, down from five.

Justice minister apologizes for comments that 'potentially eroded' trust with Indigenous peoples
Justice minister apologizes for comments that 'potentially eroded' trust with Indigenous peoples

National Post

time2 days ago

  • Business
  • National Post

Justice minister apologizes for comments that 'potentially eroded' trust with Indigenous peoples

OTTAWA — Justice Minister Sean Fraser apologized Wednesday for recent comments about the federal government's duty to consult First Nations regarding developing projects on their territories, saying his words 'potentially eroded a very precarious trust.' Article content The issue has emerged in light of Prime Minister Mark Carney's plan to introduce legislation that would fast-track approvals for major energy and infrastructure projects by cutting the timeline to two years, down from five. Article content Article content Article content The Assembly of First Nations, a national advocacy organization representing more than 600 First Nations across the country, has expressed concerns that, from what they have seen of the forthcoming bill, it 'suggests a serious threat' to First Nations treaty rights. Article content Article content In a recent letter to Carney, National Chief Cindy Woodhouse Nepinak cited the United Nations Declaration on the Rights of Indigenous Peoples, which outlines the principle of obtaining 'free, prior, and informed consent' regarding laws and decisions that affect Indigenous peoples. Article content When asked about that principle on Tuesday, Fraser outlined his interpretation of it, telling reporters that it demands 'a very deep level of engagement and understanding of the rights that may be impacted.' Article content However, he said, 'it stops short of a complete veto' when it comes to government decisions Article content On Wednesday, Fraser apologized for those comments, saying it gave some the impression of the government wanting to 'work unilaterally, not in partnership,' with Indigenous people. Article content Article content 'Despite innocent intentions, I think my comments actually caused hurt and potentially eroded a very precarious trust that has been built up over many years to respect the rights of Indigenous people in this country,' he said on his way into the Liberal caucus meeting. Article content The minister said that after he made those remarks he received a call from the national chief, 'expressing her frustration.' Article content Fraser said he apologized to Woodhouse Nepinak and committed to do so publicly. Article content 'This is completely on my own initiative,' Fraser told reporters. Article content 'I've not been asked to do this by anyone. (Woodhouse Nepinak) said that she would appreciate if I would offer some clarity. But this is not coming from anyone within government. This is something I feel compelled to do.' Article content National Post Article content staylor@ Article content Article content Article content

Minister says his comments on Indigenous consultation ‘eroded' trust
Minister says his comments on Indigenous consultation ‘eroded' trust

Global News

time2 days ago

  • General
  • Global News

Minister says his comments on Indigenous consultation ‘eroded' trust

Justice Minister Sean Fraser apologized Wednesday for comments he made about the government's duty to consult with Indigenous leaders on major projects. Fraser said Tuesday that the UN Declaration on the Rights of Indigenous Peoples requires consultation but does not amount to 'a blanket veto power' over projects. Speaking to reporters Wednesday, Fraser said Assembly of First Nations National Chief Cindy Woodhouse Nepinak called him Tuesday night to express her frustration with his comments, and he apologized. 'Despite innocent intentions, I think my comments actually caused hurt and potentially eroded a very precarious trust that has been built up over many years to respect the rights of Indigenous people in this country,' Fraser said. 'I've come into a position that I think is essential in the process of respecting the rights of Indigenous Peoples and I wanted to make sure that just not Chief Woodhouse but Indigenous leaders, Indigenous Peoples across this country know that my desire and the government of Canada's desire is to move forward on a relationship.' Story continues below advertisement 3:02 Carney calls for energy partnerships to make Canada a global superpower Woodhouse Nepinak said it's 'disheartening' when politicians make such comments and the government has made a series of missteps since her Thursday meeting with Prime Minister Mark Carney. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'When the prime minister's trying to start a relationship with First Nations in a good way, it's disheartening when comments are made later, twice now actually this week,' she said, citing Crown-Indigenous Relations Minister Rebecca Alty saying that work to fill the First Nations infrastructure gap won't qualify for Ottawa's push to fast-track what it calls 'nation-building' projects. 'And then (Fraser's) comment came yesterday and I was taken aback. He called to apologize. He needs to apologize to First Nations for those comments.' The UN declaration, which Canada adopted, requires free, prior and informed consent from Indigenous Peoples on matters affecting their rights, lands, territories and resources. Story continues below advertisement Fraser said talking about the declaration in terms of veto power makes an assumption that the government and Indigenous people are working against each another. 'In my experience engaging with Indigenous leaders, their perspective is one of wanting to have their rights respected and wanting to share in the benefits of development,' Fraser said. 'So, as we go forward, whether it's on the major projects initiative we'll be working on or any issue that touches on the rights of Indigenous Peoples, I want to be absolutely clear that our desire is to work in partnership and at every stage of the process, from project selection to conditions that may be imposed. We're going to engage, properly consult and work in partnership to respect the rights of Indigenous Peoples.'

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