Nishnawbe Aski Nation (NAN) has come out against Bill C-39, the federal government’s Building Canada Strong Act, arguing the legislation threatens Indigenous rights and traditional ways of life by speeding up approvals for resource development projects.
The bill was introduced on Sept. 1 and is intended, according to the federal government, to “get projects in Canada built faster by ensuring federal reviews and decisions are completed within one year of a proponent submitting a comprehensive application.” Under the bill, federal ministers would be able to designate a project as being in the national interest, a status that would allow it to bypass standard environmental and impact review processes.
In a news release, NAN said the legislation builds on concerns it previously raised about Bill C-5, calling C-39 an escalation. At a press conference held Sept. 23 in Keewaywin First Nation, Ramon Kataquapit of the Okiniwak Youth Movement said the bill had moved past its first reading within days of being introduced without committee hearings or consultation with First Nations.
Concerns Over the Ring of Fire
A joint statement from the Legal Advocates for Nature’s Defence, Okiniwak and Here We Stand raised concern that the ongoing regional assessment for the proposed Ring of Fire development could become the first area designated a “region of national interest” under the new legislation. The groups said such a designation would exempt not just individual mining and infrastructure projects but all projects across the more than 5,000-square-kilometre region from environmental safeguards and public scrutiny.
The statement warned that pre-approving mining activity in the Ring of Fire area could cause lasting damage to rivers, carbon-storing land, wildlife habitat and species at risk, as well as to Indigenous communities in the region.
NAN’s Conditions for Development
NAN said its communities remain open to participating in resource development as partners, but only where free, prior and informed consent has been given in line with Treaty No. 9, Treaty No. 5, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and Section 35 of the Canadian Constitution.
The organization said it intends to pursue legal, political and land-based avenues to oppose the bill and to push for amendments that would align it with UNDRIP and what it described as the honour of the Crown. NAN stated that its treaties should not be treated as administrative barriers to development.
The federal government has said the bill is designed to give businesses confidence to invest in Canada, accelerate project timelines, and support long-term economic growth while still protecting the environment and upholding Indigenous rights. It also pointed to a list of consultations held with Indigenous organizations, though these were not specified in detail.
The legislation has also drawn concern from labour groups over proposed amendments to the Canada Labour Code.
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