Canada's First Nations Leadership Council says it is "deeply troubled" by the efforts of the Canadian and British Columbian governments to fast-track new fossil fuel infrastructure and energy export proposals in the province of British Columbia.
This week the Council, comprised of the executives of the BC Assembly of First Nations, First Nations Summit, and the Union of BC Indian Chiefs, said First Nations "have been clear: reconciliation cannot coexist with unilateral decisions that undermine First Nations' rights, title, human and treaty rights, the standards of free, prior, and informed consent, and the constitutional duty to consult and accommodate".
"First Nations maintain inherent rights and responsibilities throughout our respective territories. Any proposal affecting First Nations lands, waters, resources, or future generations must be explored in partnership with, and with the free, prior and informed consent of, the Nations whose rights and territories are directly impacted. Attempts to accelerate approvals through political deals between Crown governments fundamentally conflict with the Crown's legal and constitutional obligations," the FNLC said in a joint statement.
Union of BC Indian Chiefs President, Grand Chief Stewart Phillip, said Crown governments are "once again... trying to frame fossil fuel expansion as a nation-building exercise while sidelining the very communities who will be affected or endure the destructive climate impacts".
"We celebrate and acknowledge the incredible advocacy of the Coastal First Nations who have successfully defended the north coast from a new pipeline; however, we note that southern First Nations have not yet even been consulted about a new pipeline through their territories," he said.
"First Nations will never consent to the erosion of our rights in the name of convenience or political expediency."
The FNLC noted that First Nations hold diverse perspectives on their stewardship responsibilities, economic development and resource projects and decisions around these matters "rest exclusively with each Nation to determine what is best for their territories, communities, and families".
"Crown governments must respect our authority to shape our own futures, free from political pressure or coercion," the Council said.
BC Assembly of First Nations Regional Chief Terry Teegee said: "When it comes to decisions about our own territories, First Nations are not stakeholders—we are rights holders and governments."
"Any bid to fast-track major projects must begin with respect for First Nations jurisdiction and meaningful Nation-to-Nation engagement," Regional Chief Terry Teegee said.
"Crown governments cannot claim to support reconciliation while pursuing processes aimed at side-stepping consent, dismantling safeguards, or strongarming First Nations into preset outcomes."
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Grand Chief Stewart Phillip, president of the Union of British Columbia Indian Chiefs. Image: Ben Nelms (CBC).
The FNLC called on the Canadian federal and British Columbian provincial governments to uphold their legislative and constitutional duties under the United Nations Declaration on the Rights of Indigenous Peoples Act, the Declaration on the Rights of Indigenous Peoples Act (British Columbia), and the Constitution Act, 1982, adding that "economic uncertainty cannot be used to justify abandoning these vital commitments or diminishing the constitutional rights of First Nations".
First Nations Summit Political Executive member Robert Phillips said economic development can be sustainable, rights-based, and led in partnership and mutual benefit with First Nations.
"The path forward cannot be dictated through agreements made between Crown governments before our communities have been meaningfully engaged," he said.
"First Nations have consistently called for economic predictability and prosperity for everyone in British Columbia, including recognition of First Nations jurisdiction, stewardship, and authority."
The FNLC urged the Government of Canada and the Province of British Columbia to "immediately engage directly" with First Nations governments before pursuing any new fossil fuel infrastructure proposals that will greatly impact the land, air, and waters.
"All future economic decisions must fully respect First Nations' rights, title, human and treaty rights, while upholding the duty to consult and the honour of the Crown," the Council said.