Nine First Nations have launched a constitutional challenge of recently passed legislation meant to fast-track major projects, arguing they violate the government’s constitutional obligations to First Nations.
The two new laws “represent a clear and present danger to the Applicant First Nations’ self-determination rights” and violate the government’s obligation to reconcile with First Nations, according to a notice of application filed in Ontario Superior Court on Monday.
The nations represented included Alderville First Nation, Apitipi Anicinapek Nation, Aroland First Nation, Attawapiskat First Nation, Fort Albany First Nation, Ginoogaming First Nation, Kitchenuhmaykoosib Inninuwug, Oneida Nation of the Thames and Wabauskang First Nation.
The federal law, passed speedily late last month, would let the government select projects in the “national interest” and then decide whether some laws apply to them.
With the law, Liberal Prime Minister Mark Carney aims to fulfill a campaign promise to speed up approvals of what he calls nation-building projects, potentially, including mines and oil pipelines.
The Ontario law, passed in early June, allows the government to declare “special economic zones” that make some projects exempt from other provincial laws.
Both laws have earned the ire of environmentalists, who say they elide legislation meant to mitigate ecological harms, and Indigenous groups who argue they run roughshod over their rights to self-determination and the government’s duty to consult.
The national law lets Canada “unilaterally ram through projects without meaningful engagement with First Nations,” the court filing reads.
Spokespersons for the Canadian government did not immediately respond to requests for comment Tuesday.
A spokesperson for Ontario’s Premier said the provincial government will continue to build consensus with First Nations on shared priorities.
“We have begun productive conversations with First Nations who share our vision of unlocking economic opportunity and critical infrastructure in their community and will continue these consultations throughout the summer,” they wrote in an email.
(Reporting by Anna Mehler Paperny in Toronto; Editing by Aurora Ellis)