A Federal Court of Appeal ruling on the Trans Mountain pipeline expansion highlights the need for Canada to legally entrench the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), advocates say.
Regional Chief for British Columbia Terry Teegee was among those who voiced disappointment at the court decision, which found the Canadian government met its duty to consult First Nations on the pipeline project.
“Today we see another court decision that is another reminder that the UN Declaration on the Rights of Indigenous Peoples, and free, prior and informed consent are the necessary way forward,” he said.
“Obviously, the process is still flawed. We can replace conflict and court cases with progress, prosperity and stability.”
“The Assembly of First Nations will continue to push to ensure all policies, legislation and practices are consistent with First Nations inherent and Treaty rights, the United Nations Declaration on the Rights of Indigenous Peoples, and for federal legislation to implement the UN Declaration on the Rights of Indigenous Peoples,” a statement read.
The Trudeau government has long promised to enshrine the UN declaration into Canadian law, but it remains controversial in Canada because of the stipulation of “free, prior and informed consent.”
Minister of Justice David Lametti has been tasked with introducing the legislation by Trudeau, spokesperson Allison Storey said in an email statement to Global News.
“In the Minister of Justice and Attorney General of Canada’s mandate letter, the Prime Minister tasks the Honourable David Lametti with introducing co-developed legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) by the end of 2020,” the statement read.
“By taking this step in collaboration and cooperation with Indigenous peoples, we will create greater certainty, clarity and prosperity for all Canadians. We are committed to developing an approach that will be inclusive, efficient and focused on realizing the full potential of the UN Declaration to advance reconciliation in Canada.”
Tuesday’s unanimous court decision on the pipeline cleared a major legal hurdle for construction to continue on the expansion from Alberta’s oilsands to B.C.’s coast — a move long contested by several Indigenous communities in B.C. The Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and a coalition of small First Nations in the Fraser Valley were part of the legal challenge and argued that the government’s consultation with them was inadequate.
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The communities say they oppose the expansion because of the risk of oil spills and increased emissions.
Lori Campbell, director of the Waterloo Indigenous Student Centre at St. Paul’s University College, told Global News that a key element of UNDRIP is to ensure Indigenous communities have “free, prior and informed consent” in matters that impact them — for example, pipeline projects that run through their territory.
“Free, prior and informed consent doesn’t mean that the pipeline can’t go ahead. It means that it can’t go ahead through that particular territory,” Campbell said.
“Indigenous Peoples in certain territories are saying, ‘Not in my backyard, not on our territory.’”
However, Campbell noted that clause is already present in other parts of Canada’s legal system so it’s not guaranteed to change anything.
UNDRIP reaffirms what the Supreme Court of Canada already ruled in 1997 — that governments must consult Indigenous groups prior to making decisions that might impact their lives.
The declaration is also in line with Section 35 of the Canadian Constitution, which states: “The existing Aboriginal and treaty rights of the Aboriginal Peoples of Canada are hereby recognized and affirmed.”
Section 35 also says: “For greater certainty, in subsection (1) ‘treaty rights’ includes rights that now exist by way of land claims agreements or may be so acquired.”
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0:53 Trudeau: TMX approval process ‘needs to be done right’
Trudeau: TMX approval process ‘needs to be done right’
While she supports Canada entrenching UNDRIP into law, Campbell noted it may not guarantee the change Indigenous leaders hope.
“I also wonder if the Supreme Court has already confirmed this, that in this territory, the hereditary chiefs in this community have the right to sovereignty over their land and territory. I don’t know, would UNDRIP being implemented at this point actually be any different?” she said.
Campbell says it comes down to whether the government will follow through on the Supreme Court ruling, the Canadian constitution and UNDRIP, which is already international law.
“They’re all saying this is what we need to do,” she said.
Despite criticism from Indigenous communities over the court ruling, Minister of Natural Resources Seamus O’Regan said in a statement on Tuesday that the pipeline expansion will “help advance reconciliation with Indigenous Peoples” through economic opportunities.
“The government of Canada is committed to a renewed relationship with Indigenous Peoples and it knows that consultations on major projects have a critical role to play in building that renewed relationship,” the statement read. “Canada will continue to engage in Indigenous communities at each step of the project in the months and years to come.”
What happens next?
Construction on the federally owned project has begun at terminals and along the right-of-way in Alberta, but about 88 per cent of the detailed route in Metro Vancouver and the Fraser Valley has yet to be approved.
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Indigenous communities and leaders said the issue of the pipeline, despite the federal court ruling, was not over.
1:00 First Nations not happy with Federal Court’s decision to continue with TMX
First Nations not happy with Federal Court’s decision to continue with TMX
The four Indigenous groups — Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and the coalition of small First Nations in the Fraser Valley — are still deciding whether to seek leave to appeal to the Supreme Court of Canada but said they would pursue all available options to stop the project.
VANCOUVER – Contract negotiations resume today in Vancouver in a labour dispute that has paralyzed container cargo shipping at British Columbia’s ports since Monday.
The BC Maritime Employers Association and International Longshore and Warehouse Union Local 514 are scheduled to meet for the next three days in mediated talks to try to break a deadlock in negotiations.
The union, which represents more than 700 longshore supervisors at ports, including Vancouver, Prince Rupert and Nanaimo, has been without a contract since March last year.
The latest talks come after employers locked out workers in response to what it said was “strike activity” by union members.
The start of the lockout was then followed by several days of no engagement between the two parties, prompting federal Labour Minister Steven MacKinnon to speak with leaders on both sides, asking them to restart talks.
MacKinnon had said that the talks were “progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved” — a sentiment echoed by several business groups across Canada.
In a joint letter, more than 100 organizations, including the Canadian Chamber of Commerce, Business Council of Canada and associations representing industries from automotive and fertilizer to retail and mining, urged the government to do whatever it takes to end the work stoppage.
“While we acknowledge efforts to continue with mediation, parties have not been able to come to a negotiated agreement,” the letter says. “So, the federal government must take decisive action, using every tool at its disposal to resolve this dispute and limit the damage caused by this disruption.
“We simply cannot afford to once again put Canadian businesses at risk, which in turn puts Canadian livelihoods at risk.”
In the meantime, the union says it has filed a complaint to the Canada Industrial Relations Board against the employers, alleging the association threatened to pull existing conditions out of the last contract in direct contact with its members.
“The BCMEA is trying to undermine the union by attempting to turn members against its democratically elected leadership and bargaining committee — despite the fact that the BCMEA knows full well we received a 96 per cent mandate to take job action if needed,” union president Frank Morena said in a statement.
The employers have responded by calling the complaint “another meritless claim,” adding the final offer to the union that includes a 19.2 per cent wage increase over a four-year term remains on the table.
“The final offer has been on the table for over a week and represents a fair and balanced proposal for employees, and if accepted would end this dispute,” the employers’ statement says. “The offer does not require any concessions from the union.”
The union says the offer does not address the key issue of staffing requirement at the terminals as the port introduces more automation to cargo loading and unloading, which could potentially require fewer workers to operate than older systems.
The Port of Vancouver is the largest in Canada and has seen a number of labour disruptions, including two instances involving the rail and grain storage sectors earlier this year.
A 13-day strike by another group of workers at the port last year resulted in the disruption of a significant amount of shipping and trade.
This report by The Canadian Press was first published Nov. 9, 2024.
The Royal Canadian Legion says a new partnership with e-commerce giant Amazon is helping boost its veterans’ fund, and will hopefully expand its donor base in the digital world.
Since the Oct. 25 launch of its Amazon.ca storefront, the legion says it has received nearly 10,000 orders for poppies.
Online shoppers can order lapel poppies on Amazon in exchange for donations or buy items such as “We Remember” lawn signs, Remembrance Day pins and other accessories, with all proceeds going to the legion’s Poppy Trust Fund for Canadian veterans and their families.
Nujma Bond, the legion’s national spokesperson, said the organization sees this move as keeping up with modern purchasing habits.
“As the world around us evolves we have been looking at different ways to distribute poppies and to make it easier for people to access them,” she said in an interview.
“This is definitely a way to reach a wider number of Canadians of all ages. And certainly younger Canadians are much more active on the web, on social media in general, so we’re also engaging in that way.”
Al Plume, a member of a legion branch in Trenton, Ont., said the online store can also help with outreach to veterans who are far from home.
“For veterans that are overseas and are away, (or) can’t get to a store they can order them online, it’s Amazon.” Plume said.
Plume spent 35 years in the military with the Royal Engineers, and retired eight years ago. He said making sure veterans are looked after is his passion.
“I’ve seen the struggles that our veterans have had with Veterans Affairs … and that’s why I got involved, with making sure that the people get to them and help the veterans with their paperwork.”
But the message about the Amazon storefront didn’t appear to reach all of the legion’s locations, with volunteers at Branch 179 on Vancouver’s Commercial Drive saying they hadn’t heard about the online push.
Holly Paddon, the branch’s poppy campaign co-ordinator and bartender, said the Amazon partnership never came up in meetings with other legion volunteers and officials.
“I work at the legion, I work with the Vancouver poppy office and I go to the meetings for the Vancouver poppy campaign — which includes all the legions in Vancouver — and not once has this been mentioned,” she said.
Paddon said the initiative is a great idea, but she would like to have known more about it.
The legion also sells a larger collection of items at poppystore.ca.
This report by The Canadian Press was first published Nov. 9, 2024.
