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Canada's Indigenous Challenge accelerates mine and energy projects

Canada's Indigenous Challenge accelerates mine and energy projects

Indigenous groups say laws undermine consultation right

The government says it needs to change in response to U.S. tariffs

The U.S. tariffs are just an excuse for the Indigenous leaders

By Michael Koy

The tensions between government and Indigenous communities are a reflection of long-standing concerns about consultation and environmental impacts of mining projects.

Canada's leaders have said that the threat of U.S. tariffs against Canadian goods should prompt the country to accelerate its economic development so as to prepare for potential economic shocks.

A group of Canada's First Nations launched this week a constitutional challenge against two laws passed by the government in June. One was in Ontario, and the other at the federal level.

A notice filed with the Ontario Superior Court stated that the laws "represent an obvious and present danger to Applicant First Nations’ self-determination right".

Last month, the Canadian parliament passed a bill to expedite approval of projects that are deemed in the national interest. This includes mines and oil pipes, as well as removing some trade barriers among provinces.

The Ontario cabinet was given broader powers by a similar measure, and British Columbia passed a bill last month to speed up infrastructure projects.

Sol Mamakwa was expelled from the Toronto assembly for accusing Ontario's Premier of "falsehoods" to First Nations about Bill 5, the provincial legislation.

Ontario Premier Doug Ford, in response to Indigenous protests that took place in Toronto added a clause at the last minute to the law requiring consultation with First Nation groups prior to any mining or development projects.

The details of the plan, and the way in which First Nations will consult with each other are still not clear.

Ontario's new legislation allows the government declare "special economic areas" which exempt certain projects from provincial laws.

It would be easier for mining and infrastructure companies to bypass state laws and environmental restrictions and accelerate development projects in a nation that is the fourth largest oil exporter in the world and a mining superpower.

Gord Miller is the current chairperson of Earthroots in Toronto, an organization that promotes conservation. He was previously Ontario's environmental commissioner and former Ontario environment commissioner.

"Although these zones are sparsely populated, what stops them from using the bill to affect more densely-populated areas in southern Ontario?" He asked.

Canadian law says that the government is required to consult First Nations regarding projects which could have an impact on their environment and rights.

Sayers, however, is sceptical about the government's promises of consultation. Fast-tracking approval of projects, say indigenous groups, sidesteps this obligation and denies the group a real voice.

"Consultation is not enough." Sayers stated that "Consultation is their way of asking what we think and then doing it regardless," without listening to what we have to say.

We reserve the right not to approve or reject any development. "You don't have the right to say no or yes to development in our backyards," said he.

TRUMP FACTOR

Ford said that the tariffs imposed by the United States on Canadian goods means it can no longer do business as usual.

Ford stated in a press release that "we are cutting redtape to unlock our essential minerals and unleash our economic to create new opportunities and jobs in the North and across the Province."

Indigenous leaders and environmentalists, however, say that U.S. Tariffs are an excuse. Trump announced last week that the United States will impose a tariff of 35% on Canadian imports next month.

"Relating Bill 5 with Trump's Tariffs is nonsense. Miller said that American companies pay tariffs to American Government. We Canadians do not pay these.

Chief Taynar Simpson of Alderville First Nation stated that governments, "no mater what colors or stripes they wear", have always sought to undermine and bypass environmental protection laws.

Simpson said that citing Trump as the cause of the bill was self-serving and an attempt to hide the true reasons and causes.

RISE IN TENSIONS

Some Indigenous leaders say they will fight back with blockades and strikes, reminiscent of the Idle No More Movement in 2012 that saw nationwide demonstrations against a federal law aimed at allowing corporations to more easily extract resources from Indigenous lands.

In 2020, Indigenous protesters in Canada shut down major roads and railways for several weeks in solidarity with a British Columbian Indigenous group that was fighting to stop the construction of a pipeline across their land.

Indigenous and environmental groups are threatening protests this time, along with their legal actions.

Sayer stated that Indigenous Peoples are "looking at all the options necessary to force the government to back off."

"We won't be jailed like we used to in the past. We can get educated now. Sayer replied, "We can hire attorneys now."

(source: Reuters)