Impose a pipeline on Indigenous nations? Not so fast, say Indigenous rights lawyers
Indigenous peoples were briefly mentioned during the recent French-language federal leaders’ debate, where the issue of imposing pipelines on Indigenous nations that do not want them was raised. The question sparked a discussion among the leaders, with Conservative Leader Pierre Poilievre suggesting that businesses should be allowed to pay taxes directly to First Nations to combat poverty.
NDP Leader Jagmeet Singh and Liberal Leader Mark Carney were also asked to respond to the question, with both pledging to increase oil and gas production. Carney emphasized the importance of consulting with Indigenous communities and creating an energy corridor that includes input from First Nations chiefs.
However, three Indigenous rights lawyers pointed out that consulting and accommodating Indigenous rights is not optional—it is a duty rooted in Canada’s Constitution. Bruce McIvor, a partner at First Peoples Law, emphasized that imposing pipelines without Indigenous consent would be contrary to the Constitution and disrespectful of Indigenous rights.
Stephen Mussell, a lawyer with Mandell Pinder LLP, highlighted that Indigenous rights are basic human rights and should not be viewed as obstacles to development. Sara Mainville, managing partner of JFK Law, emphasized the importance of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which recognizes Indigenous peoples’ right to consent to development.
During the debate, Bloc Québécois Leader Yves-François Blanchet raised concerns about the lack of attention given to Indigenous issues, particularly in the context of negotiations with the United States. He emphasized the importance of including Indigenous nations in discussions and recognizing their right to self-determination.
As the election race heats up, with polls suggesting a tight competition between the Liberals and Conservatives, Indigenous issues remain a critical aspect of the conversation. The upcoming English debate offers an opportunity for leaders to address these concerns and demonstrate their commitment to respecting Indigenous rights and consultation processes.
The importance of engaging with Indigenous communities and upholding their rights cannot be overstated. As Canada moves forward with resource development projects, it is essential that Indigenous voices are heard and their consent is obtained. Failure to do so not only violates the Constitution but also undermines the principles of reconciliation and respect for Indigenous peoples.
