Last week, I attended the Assembly of First Nations Annual General Assembly in Winnipeg. Hundreds of Chiefs and leaders gathered in ceremony, dialogue and resolution. But beneath the songs and smudges, a quiet alarm was ringing. That alarm has a name, Bill C-5, known as the One Canadian Economy Act.
Two key resolutions were passed. One calls for a delay in the implementation of the Building Canada Act, a part of Bill C-5. The other calls for a massive investment to close the First Nations infrastructure gap. At their heart, both resolutions call on Canada to pause, listen and honour its legal and moral obligations to Indigenous Peoples.
Bill C-5 gives sweeping powers to Cabinet to fast-track what are called “nation building” projects. These include highways, ports, nuclear facilities and pipelines. These projects can now be designated as being in the national interest with limited oversight and very little consultation. First Nations fear that this Act returns Canada to a past era when the government made decisions about our lands without our voices or our consent.
This is not fearmongering. The Act was passed in just twenty days. That is not consultation. That is not co-development. That is not free, prior and informed consent, the very foundation of the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP. And here is the most troubling part. Canada passed a law in 2021, the UNDRIP Act, which made those principles part of Canadian law. That law obliges the federal government to consult, cooperate and obtain consent from Indigenous Peoples before adopting any measure that affects us.
The implementation of Bill C-5 may very well be a violation of that law. It raises the possibility of legal action. First Nations governments could, if they choose, bring forward a legal challenge stating that the Crown has breached its duty to consult and has failed to uphold the requirements of the UNDRIP Act and Section 35 of the Constitution. The government may have passed Bill C-5, but that does not make it immune from the courts or from accountability.
Many of the Chiefs I spoke with were stunned to see that Indigenous Member of Parliament voted in favour of this bill; Liberal, Conservative and NDP members including Jaime Battiste, Rebecca Chartrand and Mandy Gull Masty, supported the legislation. Yes, they represent all Canadians, but they also hold a sacred responsibility to ensure Indigenous voices are heard. They had a chance to stand up and they stood down.
One Chief told me, “If Jody Wilson Raybould or Robert Falcon Ouellette were still in Parliament, this bill would not have passed like this. Mark Carney would have had to sit down with us and talk.” Perhaps. But more importantly, our people would have had someone willing to speak the uncomfortable truths aloud, even when it is not politically convenient.
We are not against nation building. We believe in the potential of this country. We want roads, energy, internet and housing. We want our children to have what every other child in Canada takes for granted. Our goal is not to stop Canada’s progress. It is to ensure that progress includes us.
Article 19 of UNDRIP is clear. You cannot make laws that affect Indigenous Peoples without consulting us and obtaining our free, prior and informed consent. Bill C-5 violated that principle. It passed too fast, with too little input and now risks becoming a legal and moral failure. We even passed a law which is supposed to give life to UNDRIP in Canadian laws.
Canada must pause the implementation of the Building Canada Act and return to the table. Real dialogue is still possible, but only if the government is prepared to treat First Nations as equal partners, not as afterthoughts.
We have come too far to go back now.