A lawyer in British Columbia says that three recent bills that aim to accelerate infrastructure and energy projects are deeply defective and could face legal challenges.
BC bill 15, the Infrastructure Projects Law, is aimed at tracking fast public sector such as schools and hospitals, as well as private projects, such as critical mineral mines, which are considered provincially significantly.
The bill 14, the Law on Renewable Energy Projects (simplified permits), aims to accelerate clean energy projects throughout the province.
The Federal C-5 bill aims to eliminate interprovincial commercial barriers, while another more controversial party, the law aims to accelerate projects of national interest, including energy development projects, allowing the special “designated projects” to avoid some federal laws.
“My prediction is that we will eventually find the three laws in court,” said Hugh Braker, a BC lawyer who is in the political executive of the top of the first nations.
He said that the first nations in BC are particularly concerned with mining and pipeline developments that are pushed through their territories without consent.
“People of the first nations do not have money for these judicial cases, but they also have no luxury of sitting and doing nothing about it,” he said.
He said that the first nations oppose the power to pursue infrastructure and energy projects without adequate consultation or environmental evaluations.
The controversial bills are now law despite the rejection of environmental groups and several first nations.
Braker said that the Supreme Court of Canada, through numerous judicial cases, has affirmed that the first nations have the right to be consulted, and that there was no adequate consultation with nations on the bills.
Prime Minister Mark Carney said Thursday that indigenous consultation is essential for its main project bill, since it faces the rejection of some leaders of the first nations.
Bowinn Ma, the Minister of Infrastructure in BC, said in an email to CBC News that the provincial government is totally committed to its obligations under the declaration on the rights of the Law of Indigenous Peoples (DRIPA), which requires the province to align the laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNCRIP).
“I recognize that our participation process for the Infrastructure Projects Law [Bill 15] It was shorter than we would have liked, “said Ma.” But I want to be very clear, the act cannot be used to attack indigenous participation or reduce environmental standards. “
The C-5 bill gives the Carney government and future governments the authority to exempt pipes, mines and other infrastructure projects of government regulation.
Near the end of the 18 -page bill, it establishes that the cabinet can exempt projects of national interest in environmental laws.
Prime Minister David Eby has presented his plan to accelerate mining development to boost the BC economy. But as Katie Derosa reports, the announcement was eclipsed by the growing opposition to a controversial bill.
FPIC amendment to bill C-5 rejected
Dripa’s death in 2019 made BC the first province or territory in Canada to consecrate the law.
The Canadian Human Rights Museum describes Undrip as an international human rights instrument that establishes the rights of indigenous peoples worldwide.
The Canadian government did the same in 2021, signing in the Law of the United Nations Declaration (UNDA), as Federal Law on June 21, National Day of Indigenous Peoples.
Under a UndA, and Dripa provincially in BC, all levels of government have the duty to consult with indigenous peoples and obtain their free, previous and informed consent before looking for projects in their territories.
Cindy Woodhouse Napinak, national head of the assembly of the first nations, said in a statement that his office received a week to review the bill C-5.
“Seven days for us it’s not much time,” said Woodhouse Napinak.
“It’s difficult, I feel for the first nations and Canadians, embarking such a large bill. They should have taken summer to do it correctly,” he said, and pointed out that many first nations have been dealing with forest fires and could not review the bill before it was approved in Parliament.
She said that the creation of an indigenous advisory council to advise the Carney government on bill C-5 should not affect the consultation with the first nations.
“You cannot use a body somewhere that the government chooses to say that this is a sufficient consultation for the Canada government with the first nations, that is insufficient,” he said.
A statement from his office thanked Paul Prosper, a Senator of Mi’kmaw from Nueva Scotia, who proposed an amendment for FPIC to be included in the bill C-5, although he was rejected.
The assembly of the first nations said in a statement that they are organizing a virtual forum with Chiefs on July 10 to discuss the amendments made to bill C-5, before the planned meeting of the Prime Minister with the first nations on July 17.
“It is discouraging that the first nations have not invited the committees, I think it was an important supervision. I think the government should talk to the bosses about that on July 17,” said Woodhouse Napinak.
Before the meeting, Braker said: “The fire [has] I already started, I don’t know if [Carney] He will be able to get it out. ”
“You have to find a way to make the first nations believe, because we do not do it at this time. We do not believe him and we do not believe in the BC Prime Minister. “
