Good morning, Mr. Chair and members of the committee.

My name is Trevor Mercredi, grand chief of the Treaty 8 First Nations of Alberta. I speak today on behalf of the sovereign Treaty 8 First Nations of Alberta. Although I am here speaking, each sovereign nation has their own leadership, governance and priorities and retains their inherent right to speak for themselves.

We reject Bill C-5 as tabled. Its process is unconstitutional and its content is unacceptable. This bill is a clear attempt to fast-track infrastructure and resource projects by overriding rights holders under the banner of national interest. Canada gave us less than a week to respond to a non-substantive information sheet and did not share the full text of the bill before tabling it. It's a violation of the Crown's constitutional and treaty obligations.

Treaty No. 8 was entered into in 1899 with the imperial Crown, not Canada. It is not a domestic policy. It is a legally binding international agreement that remains in full legal force. Our inherent rights pre-exist treaty. They are not granted or defined by it. The treaty affirms our jurisdiction over our lands, decision-making and governance. The Supreme Court of Canada has confirmed that governments must consult with first nations before passing legislation that affects our inherent and treaty rights. Canada has ignored this direction with Bill C-5.

Canada did not consult with Treaty 8 first nations in the drafting of Bill C-5—not before, not during and not after. The bill effectively seeks first nations' consent before any impact assessment is conducted and before we understand how our treaty rights will be affected. This violates the principle of free, prior and informed consent as outlined in article 32.2 of the United Nations Declaration on the Rights of Indigenous Peoples act, UNDRIP.

Instead of a nation-to-nation approach, Canada opted for speed and secrecy, and inclusion by marginalizing our nations. We understand that the Government of Canada has consulted with indigenous organizations like the Assembly of First Nations and the First Nations Major Projects Coalition. I would like to inform this committee that the Treaty 8 First Nations of Alberta are not represented by the Assembly of First Nations or the First Nations Major Projects Coalition.

Bill C-5 gives sweeping power to federal officials to designate projects of national interest, bypassing our rights and institutions. There is no enforceable framework for assessing the cumulative impacts on our peoples and lands before authorizing such projects. This omission is a direct failure to uphold the Crown's duty to consult and accommodate, and places our communities at further risk of irreversible harm.

The bill facilitates development on our lands without our consent and without benefits for our communities. While Canada, the provinces and industry heavily profit from resource extraction, first nations do not see any profits. It erodes our rightful role as stewards and beneficiaries of our land and violates our fundamental and treaty-protected rights. No project should proceed without free, prior and informed consent.

We call on the Government of Canada to commit to a full rights-based consultation with the first nations of Treaty 8. Amend the bill with the following provisions: include explicit recognition of treaty and inherent rights; guarantee revenue sharing from appropriate projects under Bill C-5; include FPIC and UNDRIP explicitly; and establish a shared decision-making process with first nations.

We entered into treaty to live in peaceful coexistence, not to be legislated into silence while our lands are being developed without us. The rise in rare and serious illnesses linked to industrial activity cannot be dismissed. No project should proceed without fully understanding and addressing the long-term cumulative impacts on the health of our people.

If Canada wishes to be a global leader in indigenous rights, it must first uphold its legal and treaty commitments at home. It has a duty to uphold the honour of the Crown. We stand by, ready to partner.

Thank you.

Transcript

Discussions (0)