Impose a pipeline on Indigenous nations? Not so fast, say Indigenous rights lawyers

Brett Forester · CBC News

· Posted: Apr 17, 2025 5:14 PM EDT | Last Updated: 6 minutes ago

Pipelines, pipelines, pipelines.

Indigenous peoples came up conscionable erstwhile during Wednesday's French-language national leaders' debate, the archetypal of 2 authoritative debates earlier the vote, and the question was this: Would you enforce a pipeline connected Indigenous nations that don't privation it?

First up was Conservative Leader Pierre Poilievre, who sidestepped the question.

"At the aforesaid time, determination are others who volition enactment it," Poilievre said successful French, citing the cancelled Northern Gateway pipeline, claiming 80 per cent of First Nations supported it. 

"In that case, I deliberation we should broadside with the bulk and besides let businesses to wage portion of their taxes straight to First Nations to combat poorness with manufacture and production."

NDP Leader Jagmeet Singh began to object, but helium didn't get to afloat reply the question. Moderator Patrice Roy of Radio-Canada asked Poilievre and Liberal Leader Mark Carney to respond, since some are pledging to summation lipid and state production.

WATCH | Pierre Poilievre is pressed connected contented of consent for pipelines:

"No, ne'er impose," said Carney.

He went connected to connote Indigenous radical would enactment specified projects nether his leadership, citing his caller accord with premiers to make an "energy corridor" for oil, earthy gas, renewable energy and captious minerals.

"With that, and with a process involving First Nations chiefs, we could person a solution to this problem," helium said.

"And that's an illustration of leadership. That's an illustration of bringing leaders unneurotic to execute a nationalist objective."

While the statement whitethorn person had nary evident winner, those answers made 1 happening clear: Regardless of which enactment forms government, Indigenous peoples whitethorn look greater pressure to endorse assets development.

Three Indigenous rights lawyers, however, say consulting Indigenous radical and accommodating their rights isn't optional. It's a work rooted successful Canada's Constitution that can't beryllium fast-tracked.

"The reply has to beryllium an unequivocal, unequivocal no, due to the fact that immoderate different reply would beryllium contrary to the Constitution," said Bruce McIvor, a spouse astatine First Peoples Law successful Vancouver.

"You cannot impose. As a person of the national government, you person law obligations. It's good developed nether Canadian instrumentality that you person to respect Indigenous rights."

These rights are besides not immoderate benignant of obstacle to prosperity that indispensable beryllium overcome, said Stephen Mussell, a lawyer with Mandell Pinder LLP and national of the Manitoba Métis Federation.

"Indigenous rights are basal quality rights," helium said.

"This thought that they're conscionable thing that needs to beryllium overcome, that you tin enforce your volition connected successful bid to execute thing for the greater Canadian good, seems similar a spot of a occupation to me."

UNDRIP and the elephant successful the room

Then determination is the United Nations Declaration connected the Rights of Indigenous Peoples, oregon UNDRIP, which recognizes Indigenous peoples' close to consent to development.

The erstwhile Liberal authorities passed authorities implementing UNDRIP, which Poilievre voted against, telling the House of Commons helium was arrogant to reason it.

"The UN declaration is thing that national governments request to beryllium acrophobic astir — and this elephant successful the room, which is the thought of consent," said Anishinaabe lawyer Sara Mainville, managing spouse of JFK Law successful Toronto.

Indigenous peoples haven't received overmuch attraction — but successful transportation with earthy assets oregon subject improvement — successful a run different dominated by U.S. relations, the system and affordability.

Mainville decried that omission, saying she'll beryllium looking for much treatment of Indigenous peoples erstwhile the leaders quadrate disconnected successful English connected Thursday.

"My clients are truly acrophobic astir each the hard enactment that they've been doing," she said.

In Calgary connected April 9, Carney said immoderate task coming retired of Alberta "will request the consent" of the provinces and Indigenous people, and Mainville said his answer Wednesday astir process could beryllium a bully start, truthful agelong arsenic the process doesn't "manufacture consent."

But McIvor said Poilievre's presumption that bulk rules is not however Canada's Constitution works. The volition of the bulk cannot cancel a severely impacted Indigenous community's rights, helium said.

"That's the benignant of disagreement and conquer attack Indigenous radical person seen each excessively often from government."

After the debate, prompted by Radio-Canada's Espaces autochones, Bloc Québécois Leader Yves-François Blanchet addressed the deficiency of questions astir Indigenous issues.

"How is it that, successful the discourse of negotiations with the United States … nary 1 has said: Where are the Indigenous nations astir the table? It hasn't been raised," helium said.

"They are nations successful their ain right, with a close to self-determination, that could beryllium invaluable allies successful a dialog with the United States.'

Polls suggest the contention has narrowed to a two-way contention betwixt the Liberals and Conservatives, with the Bloc and NDP leaders pitching Francophone voters connected the request to nonstop a number authorities to the House of Commons.

The English statement is Thursday astatine 7 p.m. ET. It volition beryllium offered successful the pursuing Indigenous languages: Plains Cree (Y dialect), Inuktitut (South Baffin dialect) and Ojibway (Western dialect).