In an April 15 statement, the Assembly of Manitoba Chiefs (AMC) and the Assembly of First Nations (AFN) called for a “reset” on the Canada-Manitoba Co-operation Agreement on Environmental and Impact Assessment.
The government-to-government agreement was formally announced in an April 14 statement from the office of Prime Minister Mark Carney.
Ottawa has already signed similar agreements with Ontario, P.E.I., New Brunswick, Alberta, Nova Scotia and B.C.
The initiative, dubbed the “one project, one review” agreement, reportedly allows participating provinces to take the lead in environmental assessments and Indigenous consultation when it comes to major development projects. The agreements are to address duplication between federal and provincial environmental impact assessments and First Nations consultation, which is required before the development of major projects such as dams, pipelines or mines.
In the AMC-AFN statement, Grand Chief Kyra Wilson and Regional Chief Willie Moore say the Ottawa-Manitoba agreement takes an approach that “excludes First Nations from decision-making processes that directly impact their lands, waters and rights.”
Wilson said Indigenous voices must be brought to the table.
“First Nations have been clear and consistent: we must be at the table as governments, not consulted after decisions are made,” stated Chief Wilson. “Our Treaty relationship requires a tripartite, Treaty-centred approach. Anything less falls short of the constitutional and human rights standards that Canada has committed to uphold.”
The AMC and AFN maintain their concerns have been “repeatedly communicated to both the federal and provincial governments.” The AMC notes it wrote directly to Carney back in December regarding a draft of the Canada-Manitoba agreement, raising “serious concerns” about the exclusion of First Nations from the agreement’s development, as well as the “reliance on provincial processes that do not uphold Treaty rights.” The AMC spoke of fears that the agreement would act as a substitute for Ottawa’s constitutional obligations — one being a duty to consult First Nations in these situations.
The letter called on Carney and his Liberal government to pause the finalization of the agreement and work with First Nations to develop a “treaty-centred” framework — one that acknowledges Indigenous jurisdiction and rights.
The AMC notes it also provided submissions to the House of Commons Standing Committee on Natural Resources, through which it stated its concerns that “current development frameworks” continued to exclude First Nations from decision-making.
Pimicikamak Cree Nation Chief David Monias spoke of the potential impact on Indigenous communities.
“Our Nations live with the long-term impacts of these decisions,” said Monias. “When agreements move forward without our involvement, it places our lands, waters and way of life at risk. Respecting our jurisdiction and ensuring our consent is not optional — it is fundamental.”
(Pimicikamak Cree Nation is located around 520 kilometres north of Winnipeg.)
First Nations leaders say that while the agreement “may improve administrative efficiency,” it will be at the expense of Indigenous rights.
Chief Moore said First Nations leadership should always be included in this type of conversation — this, he said, is how trust is built.
“It starts with being included in discussions. Canada and Manitoba have clear legal obligations under Section 35 of the Constitution Act … and the United Nations Declaration on the Rights of Indigenous Peoples. Those obligations require First Nations to be equal decision-makers.”
The criticism from First Nations comes days after Carney’s Liberals gained a majority government following three victorious byelections, as well as the recent crossing of the floor by four Conservative MPs and one New Democrat.
Two byelections took place in Toronto-area ridings of University-Rosedale and Scarborough Southwest, and the third took place in Quebec’s Terrebonne riding.
Of the Canada-Manitoba agreement, Carney said in a statement it will be a “one project, one review” approach to assessing major infrastructure projects in Manitoba.
“Canada and Manitoba will implement a streamlined and flexible assessment process that minimizes duplication and delivers major projects faster while reinforcing strong environmental protections and upholding the rights of Indigenous Peoples,” said Carney. “This ensures both governments can adopt the most effective assessment process on a case-by-case basis — either by relying on Manitoba’s process or by implementing a coordinated federal-provincial approach.”
The statement went on to note the agreement will “help accelerate major infrastructure projects across Manitoba,” and that Ottawa has invested in First Nations’ ability to play a role in decision-making.
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