Carney fails to consult on legislation

The Mohawk Council of Kahnawake (MCK) have responded with outrage to news that the federal government is planning legislation that would fast-track infrastructure projects, arguing that prime minister Mark Carney is putting communities at risk and sidestepping meaningful consultation.

“We’re not opposed to developments, but you have to engage directly with us,” said MCK grand chief Cody Diabo.

He and the rest of the MCK chiefs penned and signed an open letter this Monday addressed to Carney, outlining their concerns with the proposed legislation, which Carney wants to bring to a vote by June 20, the last sitting day before the House of Commons breaks for the summer.

Carney has said that the legislation, which is known as Bill C-5 or the “One Canadian Economy” Act, is a top priority, and that parliament should sit longer to get it passed if necessary. He has received criticism from other major parties including the New Democratic Party (NDP), the Green Party, and the Bloc Québécois, as well as from the Assembly of First Nations (AFN) who themselves penned an open letter regarding the legislation.

In that letter, AFN national chief Cindy Woodhouse Nepinak said that AFN chiefs had received a three-page document on May 23 with background information on the proposed act alongside an invitation to “consult and cooperate” on the legislation, requiring a written response by May 30.

The letter, addressed to Carney, identifies 13 preliminary observations and concerns with the legislation, including “an unacceptably short period of time for First Nations to respond, particularly alongside the Royal Visit and Western Canada wildfire crisis.”

It also reiterates that the AFN is an advocacy organization and not a collective rights holder, thus consulting with just the AFN does not constitute meaningful consultation.

“In its current form, the proposal for legislation suggests a serious threat to First Nations exercise of Treaty rights, inherent rights, title and jurisdiction,” the letter reads.

“First Nations’ Free, Prior and Informed Consent must first be obtained. Otherwise, this legislation like so many before it, will become marred in conflict and protracted litigation, because First Nations rights have once again been ignored.”

MCK’s letter also includes calls for the federal government to consult with communities, rather than just with the AFN. It also notes that the MCK was not included or consulted in the correspondence from the federal government that included the three-page document outlining the plan, an act of disrespect that shows the government isn’t serious about consulting communities directly, Diabo said.

“They don’t want to talk with, say, 600 different communities because that’s either too much work for them or they’re not going to get the same results as they would if they only consult with an advocacy organization,” Diabo said.

Diabo said that First Nations’ rights are being circumvented under the guise of economic urgency, and that the legislation could see environmental, economic, and social harm done to Indigenous people.

The proposed legislation is not dissimilar to Bill 5, which was recently passed in Ontario. That bill also attempts to fast-track infrastructure projects, and has been met with criticism from many, including Ontario First Nations, who say they will fight the bill in court.

“As our Leadership has made clear - the fight is not over. If needed, First Nations will meet the government with resistance, on the ground, and in the courts, to protect our inherent, Treaty, and constitutionally protected rights,” said Chiefs of Ontario (COO) regional chief Abram Benedict.

“Our nations are not against development by any means. However, bulldozing over our territories and pushing through legislation without our consent is not the way forward.”

The AFN are holding a virtual forum for chiefs to discuss the legislation on June 16 and reiterated on Tuesday that there has not been adequate time nor extensive enough information provided to constitute meaningful consultation.

Diabo said that the MCK has not had any response from Carney’s office regarding Council’s open letter.

Carney’s office did not reply to The Eastern Door’s request for comment.

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