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Ontario lawsuit underscores Indigenous anger over being left out of resource decisions
Ontario lawsuit underscores Indigenous anger over being left out of resource decisions

CBC

time4 hours ago

  • Business
  • CBC

Ontario lawsuit underscores Indigenous anger over being left out of resource decisions

Saugeen Ojibway Nation is taking Ontario to court, arguing decades of unpaid salt royalties and a pattern of exclusion from key decisions about stone and sand quarries in its territory reflect a broader problem: resource development that leaves Indigenous nations left out of the conversation. The First Nation spoke to CBC News on Wednesday, the first time it has spoken publicly about the issue since filing its lawsuit in Ontario Superior Court last July. The suit accuses the Ontario government of reaping decades of royalties from the world's largest salt mine in Goderich, Ont., while at the same time sidestepping the First Nation in the opening and operation of an some 500 sand and gravel quarries within their 1.5 million-acre traditional territory. Saugeen Ojibway Nation (SON) is asking the court for $167.6 million in damages related to back payment of salt royalties, the alleged breach of the Crown's treaty obligations and a failure to offer meaningful consultation, according to the latest court filings. The case highlights renewed Indigenous outrage as Parliament Hill and the Ontario Legislature push to fast-track development through Bill C-5 and Ontario's Bill 5 — both of which have been slammed for weakening environmental protections and expanding Crown powers at the expense of Indigenous rights. Ontario's Ministry of Natural Resources said it would not comment, as the matter is before the courts. Quarries fuelled Ontario's building boom The new legislation will only deepen what has long been a sore point in the relationship between SON and the Crown, according to Chief Greg Nadjiwon of the Chippewas of the Nawash Unceded First Nation — a community that, along with the Chippewas of Saugeen First Nation, makes up SON. A chunk of salt from the Goderich mine, which falls within the traditional territory of Saugeen Ojibway Nation. (CBC) "We don't receive any kind of fair payment for the extraction of resources in our homeland," he said. The lawsuit claims that, between 2004 and 2017, the Crown allowed hundreds of stone and sand quarries to open on SON's sprawling traditional territory, which spans from Tobermory in the north to Goderich in the south to Alliston in the west. Court documents suggest the quarries supply the province with some 300,000,000 tonnes of aggregate each year. Aggregate is a vital raw ingredient in countless construction and infrastructure projects across Ontario — from the expansion of major highways such as the 401, to crossings, such as the Gordie Howe International Bridge, to the slew of skyscrapers that have sprouted like weeds as part of a recent vertical land rush in Ontario's major cities. This map of shows the First Nation's traditional territory in southwestern Ontario. (Saugeen Ojibway Nation) As quarries have helped fuel an urban building boom, the Saugeen claim those operations have also had a damaging impact on their environment and culture — destroying wildlife habitats, threatening archaeological sites, disturbing ancestral resting places and razing forests that provide their people with traditional medicines. "The landscape is changing on a daily basis," Nadjiwon said. First Nations argue that both the federal and Ontario bills erode their constitutional right to be m,eaningfully consulted on projects in their traditional territories. Tensions have escalated and not just in courtrooms. Ontario Premier Doug Ford elicited fury this week while defending Bill 5 when he said he was willing to give First Nations what they want in exchange for their support on mining projects, but added they "can't keep coming hat in hand all the time to the government" for more money. The remark drew immediate backlash, with Indigenous leaders condemning it as racist. Amid mounting pressure, Ford apologized Thursday. "I get pretty passionate and I just want to say I sincerely apologize for my words, not only [did it] hurt all the chiefs in that room, but all First Nations." Also on Thursday, Prime Minister Mark Carney defended Bill C-5, calling it "enabling legislation." He promised that Indigenous people would not only be consulted, they would be able to help define what he called "a nation-building project." "That is how you build a nation. That's very much how we've designed it," he said. "That's how we'll be moving forward." Except Indigenous leaders don't necessarily see it that way. Randall Kahgee, an Indigenous rights lawyer, band councillor and former chief of Saugeen First Nation says both pieces of legislation, which both give governments the option of sidestepping the consultation processes, are akin to stacking the deck in the government's favour. "This is the frustrating part. You seem to have some momentum and then someone changes the rules of the game or they shift the goal post." Kahgee says the legislation adds insult to injury, especially as Indigenous people often struggle to overcome a perception they are unwilling to do business, when it reality their communities are only evaluating ways to mitigate risk to their way of life. "Anything less than that is taking."

‘Excess of 100 priority projects': Sask. Premier Scott Moe behind federal bill to remove project hurdles
‘Excess of 100 priority projects': Sask. Premier Scott Moe behind federal bill to remove project hurdles

CTV News

time10 hours ago

  • Business
  • CTV News

‘Excess of 100 priority projects': Sask. Premier Scott Moe behind federal bill to remove project hurdles

Saskatchewan Party Leader Scott Moe speaks to the media during a scrum after a televised leaders' debate in Regina, on Wednesday, Oct. 16, 2024. THE CANADIAN PRESS/Heywood Yu Saskatchewan Premier Scott Moe has given his support for federal Bill C-5. 'All projects can move forward in Saskatchewan,' Moe told reporters Wednesday during a meeting with Alberta Premier Danielle Smith in Lloydminster Alta./Sask. 'The very fact Bill C-5 has been introduced is an admission this hard work does have to happen,' Moe added. Bill C-5, which the Liberals have coined the 'One Canadian Economy' bill, proposes to recognize provincial regulations with the aim of making it easier to improve the mobility of goods and services, as well as labour. It also seeks to speed up the development of major projects deemed to be in the national interest. It's the provisions proposing to grant cabinet new powers, with the intention of centralizing approvals for new natural resource projects that are being heavily criticized as undermining Indigenous rights and environmental protections. There's widespread concern among opponents that if Bill C-5 becomes law, projects could be greenlit without adequate consultation, something prairie premiers have been calling for quite some time. 'If we have to build another pipeline with federal taxpayer dollars, that would be a failure of the process,' Premier Smith said Wednesday. 'The federal government simply cannot put so many barriers in the way that all the private sector proponents are scared out of the realm.' 'And the only way for them to come in is to build at six times the original cost. That shouldn't be the only way things get built in this country,' she added. Saskatchewan Premier Scott Moe and Alberta Premier Danielle Smith Saskatchewan Premier Scott Moe and Alberta Premier Danielle Smith address the media during a joint press conference in Lloydminster on Wednesday, June 18. (Chad Hills/CTV News) Prime Minister Mark Carney has pushed the bill ahead in the House of Commons with the possibility it is passed before the end of the week. 'This legislation is enabling and creates the possibility of these projects,' Carney said Thursday during a press conference. 'It creates the possibility [and] a very clear process, which has at its heart consultation.' Indigenous leaders have been critical of the bill. Assembly of First Nations National Chief Cindy Woodhouse Nepinak told CTV's Power Play its passing may override environmental protections. 'Seven days is not enough time to look at a big bill like this that impacts,' she said. 'First Nations aren't about stalling anything. In fact, they want prosperity, but not at the expense of their inherent rights.' Carney believes the legislation respects Indigenous rights. 'At the heart is, not just respect for, but full and full embrace of free, prior and informed consent,' he said. 'It has to be seen in parallel with very major measures this government is taking to, not just support those partnerships, but also to finance, equity and ownership in these nation building projects. [Including] Indigenous peoples, groups and right holders.' Business experts recognized the concerns of the legislation but welcomed the move in the midst of global uncertainty. 'This is a bit of an authoritarian approach to things,' national leader of economics and policy practice, PwC Canada Michael Dobner told BNN Bloomberg. 'But we are in an economic emergency situation.' Moe says there are dozens of projects waiting in the wings for approval which are facing federal barriers the bill aims to remove. 'We don't have one or two or three projects that are a priority,' he said. 'We have literally in excess of 100 projects that are a priority for [Saskatchewan] to continue to be a wealth creator to a strong growing nation of Canada.' The House of Commons is scheduled to adjourn for the summer Friday, and the Senate is slated to rise by next Friday, June 27. Parliamentary business in both chambers would then be paused until September, barring an emergency recall. - With files from David Prisciak, Luca Coruso-Moro, Rachel Aiello and Joshua Santos

Carney responds to Indigenous criticism of project fast-track bill, says consultation is ‘at the heart' of C-5
Carney responds to Indigenous criticism of project fast-track bill, says consultation is ‘at the heart' of C-5

Globe and Mail

time13 hours ago

  • Business
  • Globe and Mail

Carney responds to Indigenous criticism of project fast-track bill, says consultation is ‘at the heart' of C-5

Prime Minister Mark Carney responded to criticism from Indigenous leaders over his government's bill to fast track large projects, saying consultation and involvement with Indigenous peoples is 'at the heart' of Ottawa's plans. He made the comments Thursday after opposition parties amended the bill in committee to address some of the concerns expressed by Indigenous groups. Bill C-5 creates two new federal laws. The Free Trade and Labour Mobility in Canada Act aims to eliminate federal barriers to interprovincial trade and that section has been relatively uncontroversial. However, Indigenous and environmental advocates in particular have expressed strong concern with the bill's second element, The Building Canada Act, which aims to help implement a Liberal campaign pledge to fast track approvals for large infrastructure projects that are in the national interest. The general premise of the bill is that it would allow cabinet to list specific large projects as national priorities and then exempt them from the application of various laws, or aspects of laws, in order to speed up the approval process. Critics say the proposed changes would weaken existing requirements related to Indigenous consultation and environmental protection. Chartrand on Bill C-5: 'We do have to have consent from Indigenous rights holders' At a news conference Thursday, Mr. Carney was asked to respond to those concerns. 'The first thing is that at the heart of this legislation is section 35 of our Constitution. At the heart is not just respect for, but full embrace of free, prior and informed consent. It has to be seen as well, in parallel, with very major measures that this government is taking to not just support those partnerships, but also to finance equity ownership in these nation-building projects for Indigenous peoples, Indigenous groups, Indigenous rights holders,' he said. He then added that the legislation lays out a process for consulting and working with Indigenous peoples in the process of selecting specific projects. 'Consultation, co-operation, engagement, participation is at the heart of C-5 and that is how you build a nation. And that's very much how we've designed it,' he said. The bill was reported back to the House of Commons Thursday by the transport committee, which approved a long list of amendments. Conservative MP and committee member Philip Lawrence said in a statement that the amendments ensure that the government can't use the legislation to circumvent a host of laws, such as the Lobbying Act, the Conflict of Interest Act and the Indian Act. Assembly of First Nations National Chief Cindy Woodhouse Nepinak urged MPs during a committee hearing Wednesday to allow more time for the bill to be studied and to remove the Indian Act from a list of laws that could be circumvented. What federal Bill C-5, the One Canadian Economy Act, is all about She said in an interview Thursday morning that her organization was analyzing the amendments to the bill. She thanked the Conservatives and the Bloc Québécois for removing the original bill's reference to the Indian Act. She reiterated that the AFN is still very disappointed that First Nations rights holders were shut out of the legislative process. A couple of chiefs are for the bill, she said, while many are not. 'They are not having a chance to be heard,' she said. Ms. Woodhouse Nepinak said she was concerned that the original power to circumvent the Indian Act could have been used to override First Nations rights. An AFN staff member told the transportation committee this week that they never received an explanation from the government as to why the Indian Act was referenced in the original bill. Crown-Indigenous Relations Minister Rebecca Alty, speaking to the Senate on Tuesday, said that when moving forward with projects, some communities are subjected to 'archaic provisions' under the Indian Act. She said any exemption to advance a project would be in consultation with First Nations. Government House Leader Steven MacKinnon said Thursday that cabinet ministers are reviewing the committee's amendments. He later said in the House that he hopes to have the legislation adopted before Canada Day. Friday is the last scheduled sitting day of the House of Commons before breaking for summer until mid-September. The Senate is scheduled to sit next week and is expected to give final approval to C-5. NDP MP Leah Gazan strongly criticized the bill in Question Period, predicting it will lead to court challenges. 'Indigenous rights holders and civil-society groups have been clear: Bill C-5 violates constitutional rights, escalates the climate crisis and endangers workers health and safety,' she said.

California is to examine its Amazon oil ties following pleas from Indigenous leaders from Ecuador
California is to examine its Amazon oil ties following pleas from Indigenous leaders from Ecuador

Washington Post

time13 hours ago

  • General
  • Washington Post

California is to examine its Amazon oil ties following pleas from Indigenous leaders from Ecuador

RICHMOND, California — An oil tanker sat docked at Chevron's sprawling refinery in Richmond on Thursday — a visible link between California's appetite for Amazon crude and the remote rainforest territories where it's extracted. Just offshore, bundled in puffy jackets against the Bay wind, Indigenous leaders from Ecuador's Amazon paddled kayaks through choppy waters, calling attention to the oil expansion threatening their lands.

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