First Nations leaders warn of rights violations after pipeline gets national interest tag
The Pacific Link pipeline received the designation after a two-month consultation period that Indigenous leaders say was rushed and inadequate.
Explainer
The federal government has designated the proposed Pacific Link oil pipeline to the West Coast a project of national interest, a move Indigenous leaders warn violates their rights.
Prime Minister Mark Carney announced the designation on Thursday under the Building Canada Act, which will streamline oversight and approvals.
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The government said it will work over the coming year to complete consultations on the project itself, and to secure environmental safeguards, financing and Indigenous partnerships.
It wants construction to begin in September 2027.
"The government's decision today is coming only 12 days after the consultation deadline," the Assembly of First Nations said in a statement.
The statement said First Nations support economic development "but not at the expense of our rights, the planet, and the government's legal obligations to our people."
What concerns did First Nations raise during consultation?
Indigenous communities along the pipeline route were given two months for consultations on the national interest designation, which was more than the one month initially planned.
A summary of consultations posted online by the federal government says Indigenous groups decried a lack of information about the project.
They said that lack prevented them from fully assessing its impact.
The consultation document says more than 130 Indigenous communities could be affected by the pipeline route.
The Major Projects Office sent a letter in July to those communities to begin consultations.
Indigenous communities warned their participation would be held back by summer harvesting, ceremonial gatherings and wildfires, which forced evacuations.
The office then extended the consultation deadline from Aug. 28 to Sept. 18.
The document says the office held over 140 meetings with representatives from more than 110 Indigenous organizations and communities.
Many community leaders said they lacked information needed to make informed decisions.
That included details on routing, engineering and design, environmental effects, marine shipping, emergency responses and impacts on Aboriginal and treaty rights.
Those concerns were cited both by communities that backed the project and those that didn't.
How does this relate to Indigenous rights?
Prime Minister Mark Carney promised his major projects agenda would not interfere with Canada's obligations under the United Nations Declaration on the Rights of Indigenous Peoples.
Indigenous leaders have warned his government risks violating their rights with "national interest" designations.
The United Nations declaration outlines the need for free, prior and informed consent before decisions are made that could affect Indigenous rights and lands.
Indigenous communities also have recognized rights under Section 35 of the Constitution.
The UN declaration is cited in the pipeline consultation document, which says Ottawa's engagement efforts were designed with those principles in mind.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak has said staff in the Major Projects Office do not understand how to work with First Nations communities.
She said "junior staffers" aren't helping to build relationships.
"They have a lot of work to do," she told a news conference in Ottawa last week.
She also said CEO Dawn Farrell has been unavailable to meet with leadership, including at Assembly of First Nations gatherings.
What is the government's response?
Despite the compressed timeline, the federal document says the Major Projects Office is satisfied it provided a meaningful opportunity for consultations.
It says further questions can be addressed as they arise.
"The GIC is satisfied that these processes provide an appropriate framework through which potential adverse impacts on Aboriginal and treaty rights, including specific concerns already raised in consultation, can be further addressed before any final federal authorizations are issued," the document says.
A senior government official, speaking with reporters ahead of Thursday's announcement on the condition they not be named, said it's likely the national interest designation will be challenged in court.
What do affected First Nations chiefs say?
Cold Lake First Nations Chief Kelsey Jacko said the pipeline announcement does not reflect Carney's stated intentions of building a new relationship with First Nations.
Jacko said his territory has been left out of discussions that could affect lands and treaty rights.
"Today, the leaders of the Nations and communities that will be heavily impacted should have been in the room. This runs right through our territory," Jacko said.
Fort McKay First Nation Chief Raymond Powder said he was feeling both excited and concerned about the pipeline's designation.
"We're excited that we get the opportunity to be a participant on the equity stakeholders and also really, really seeing the area for Fort McKay First Nation to continue to sustain the growth in our nation," he said.
The Assembly of First Nations told The Canadian Press it has identified "many red flags" in the pipeline's national interest designation.
It says the federal government appears to be predetermining outcomes and approving projects in advance of meaningful consultations.
With files from The Canadian Press, Global News and Kelowna Courier