The Supreme Court has given a unanimous ruling granting a title claim to the Tsilhqot’in First Nation in BC, over a large area of land in the south central part of the province, ending a 25-year court battle over forestry claims and a 150-year dispute between that First Nation and the Crown. Because most of BC’s First Nations don’t have treaties yet with the government, this ruling impacts them in particular, and will make sure that the government has a greater role to play in fulfilling its consultative duties to First Nations as more resource and pipeline projects come up. The ruling also declares that provincial governments have regulatory authority over land obtained by First Nations people through court cases or land claim negotiations. While the ruling has been said to give clarity to negotiations, it also raises the possibility that some First Nations will abandon their negotiations with the government in favour of turning to the courts to establish title or land claims, which should be a red flag seeing as treaty negotiation is a Crown prerogative, and we should be careful about delegating it to the courts. Terry Glavin gives the backstory to the whole dispute dating back to 1864 here.
Tag Archives: First Nations
Roundup: Different lessons before the by-election
Not that Parliament has risen for the summer, the leaders can begin their summer tours in earnest, without having to take those inconvenient breaks to show up for the odd Question Period or a vote here or there. Because you know, they’re meeting with “real Canadians” as opposed to doing their actual jobs. And with by-elections happening a week away, both Trudeau and Mulcair are in Toronto today to campaign there, both of them drawing different lessons from the Ontario election, while the people who study these sorts of things aren’t necessarily sure that voters are committed to the same parties provincially and federally, and that they may be making a different calculation electorally.
QP: Bluster versus script cards
Possibly the last QP of the year — one can hope — and tempers continued to fray throughout the Precinct. None of the main leaders were present, which wasn’t going to improve the mood either. Peter Julian led things off, where he blustered about Northern Gateway decision, and Kelly Block was the sacrificial lamb sent up to read her talking points about how projects only move forward if they are proven to be safe after a rigorous, scientific review process, and that the proponent has more work to do. When Julian noted that consulting with First Nations was the government’s job, Block read that the government was working with First Nations. Nathan Cullen followed on to carry on the sanctimonious bluster, and Block read yet more of the same talking points. Chrystia Freeland led off for the Liberals, denouncing the justice minister’s sexist comments about female judges, to which Peter MacKay accused her of mischaracterizing his comments and that they only made judicial appointments made on merit. Carolyn Bennett and Scott Brison followed along, Brison characterising it as the Conservatives’ war on modernity, and after MacKay gave another embarrassing qualification, Leitch answered Brison by claiming that the number of female Governor-in-Council appointments is on the rise.
QP: It’s up to the proponent
The final caucus day of the sitting, and Rib Fest taking place a block away, MPs were itching to head back to their ridings. All of the major leaders were in the Chamber today for a second day in a row (amazing!) while Elizabeth May was absent for a change, off campaigning in Toronto for the forthcoming by-elections. Thomas Mulcair led off, wondering where all those Conservatives were to tout the Northern Gateway after three years of doing so previously. Stephen Harper said that the NDP were opposed to all resource development, considered it a “disease,” and it was up to Enbridge to fulfil the 209 conditions imposed by the NEB. Mulcair said that BC Conservative MPs were “in the witness programme” about the pipeline, while Harper shot back that Mulcair himself was in the programme when it came to answering for their improper mailings and satellite offices. Mulcair insisted that with the removal of Navigable Waters Act protections, the deck was stacked in favour of the pipeline, to which Harper reminded him of the 180 days of hearing and thousands of pages of evidence, and that there were 209 conditions. Mulcair brought up Enbridge’s record in the US, Harper returning to the scientific panel, and when Mulcair declared that Harper could not “subcontract the Honour of the Crown” to Enbridge with consulting First Nations, Harper listed the number of hearings they held with First Nations groups as part of the regulatory process. Justin Trudeau brought up that the BC government still opposes the pipeline, and wondered why the Prime Minister still said yes. Harper repeated that it was up to the proponent to meet their conditions. Trudeau brought up the government’s previous statements about the importance of the integrity of the Great Bear rainforest, but Harper reiterated about the scientific process of the regulator. Trudeau asked one last time to reverse the approval, but Harper kept repeating about the 209 conditions, and concluded that the Liberals don’t practice evidence-based decision making.
Roundup: Tepid pipeline approval
At long last, the government has made its decision on the Northern Gateway pipeline, and it’s not wholly unexpected, but surprising in other ways. For one, it sent it out as a press release rather than making a formal announcement. For another, it gave a half-hearted and somewhat mealy acceptance of the proposal, but only if Enbridge can meet all of the National Energy Board’s 209 conditions, plus having them get the First Nations all on-side, plus getting BC on-side as well. As economist Andrew Leach noted, it’s like the government is trying to distance itself from the regulator, the proponent, and any responsibility to get the pipeline built. After all, they do have a tremendous penchant for absolving themselves of responsibility wherever they can, and in this case, there is almost a sense that they’re inviting it to fail. Reaction was swift from the NDP, who declared that if they form government in 2015, that the pipeline would be cancelled immediately, and warned of “social unrest” in the meantime. The Liberals, however, took a slightly more nuanced approach – while they called for the rejection of this particular pipeline (they do support Keystone XL), but Justin Trudeau made the observation that the Crown – basically the government – has the obligation to consult with First Nations, not companies like Enbridge, so that throws yet another wrench into the plans o f the government. There are questions as to whether the decision will hinder Conservative re-election chances in the province, but I have a hard time seeing how it would with the “Bible Belt” ridings in the southern part of the province that the Conservatives hold quite comfortably. Enbridge says the decision gives them the time they need to get it right. Here are five other pipeline projects to keep an eye on. John Geddes notes the amount of work that Enbridge is being asked to do, while remembering that BC is the home to some memorable environmental protests. Paul Wells looks at the electoral calculus of the decision, while Leach has a Twitter conversation with Elizabeth May about her comments, and how they don’t actually make sense.
QP: No current vacancy
The days on the calendar running down, but crankiness among members ramping up, all of the leaders were present in the Commons, which was a little unexpected. Thomas Mulcair led off, asking about Quebec Supreme Court justice appointments and the possible attempt to use a backdoor to put Justice Mainville on the bench. Stephen Harper insisted that this was nothing to do with the Supreme Court, but about putting a good judge on the “supreme court” of Quebec. Mulcair pressed about whether the intent was to elevate Justice Mainville to the SCC, to which Harper reminded him that there was no current vacancy, nor a process to select a new one once a vacancy does become available. Mulcair then accused Harper of starting a war with the Supreme Court, but Harper mocked him for trying to launch into another conspiracy theory. Mulcair moved topics, and demanded that the Northern Gateway pipeline be turned town, to which Harper said that the NDP were against all resource development while they underwent environmental assessments and went through a rigorous assessment process. Mulcair listed the opposition to the pipeline, but Harper dismissed their opposition as ideological. Justin Trudeau carried on that line of questioning and pointed out the impacts a spill would have on that coastline, to which Harper accused the Liberals of holding a “deep hostility” toward the energy sector (really? Given their it boosterism for Keystone XL?) and insisted that they had a rigorous process.
QP: To appoint or not to appoint to the Supreme Court
The last Monday of the spring sitting of the Chamber, and Thomas Mulcair and Elizabeth May were the only leaders in the Commons. Justin Trudeau was in Toronto to help campaign for the forthcoming by-elections, while Harper was, well, elsewhere. Mulcair started things off by asking about the government ignoring the advice on reforming suicide investigations in the military, to which Rob Nicholson insisted that he asked the military to account for the decision and to clear up the backlog, of which only ten cases out of 54 remained. Mulcair pressed in French, and Nicholson repeated his response. Mulcair brought up the Prime Minister’s appointment of a Federal Court judge to the Quebec Court of Appeal, and how this was being challenged by the same lawyer who challenged the Nadon appointment. Peter MacKay insisted that they made appointments based on merit, and listed off the accomplishments of that judge. Mulcair insisted that the government was meddling in Quebec’s courts, not that MacKay’s answer changed. Geoff Regan led off for the Liberals, asking about the decision on the Northern Gateway pipeline, imploring that it be denied. Greg Rickford gave his usual talking points that they were carefully reading a report and the decision would be made soon. Joyce Murray brought up the Request For Proposal that would come out for the fighter jet replacements between 2017 and 2019, and would this mean that an open competition would go ahead. Diane Finley insisted that no decisions had been made, and that they went through an independent process.
QP: Hudak math and Kijiji data
For the first time of the week, all three leaders were in the Chamber, possibly for one of the last times before the Commons rises. Thomas Mulcair led off by asking about cuts to job market research, wondering how it could be justified. Stephen Harper responded by insisted that it wasn’t correct and more resources had been diverted into the area, and by the way, we created one million net new jobs. Mulcair retorted with a crack about Hudak math, and looking for information on Kijiji, to which Harper noted that the information came from Statistics Canada. When Mulcair demanded that the hiring tax credit for small businesses be extended, Harper reminded them that they voted against that time-limited measure in the first place. Mulcair changed topics and moved to the fighter jet procurement, and if other companies could put in bids. Harper assured him that the report had not yet been considered by cabinet, but they would soon. Justin Trudeau was up for the Liberals, and noted that the previous chief of defence staff noted that the F-35 was not the only suitable plane for Canada, and whether the process was going to be open and transparent. Harper repeated that cabinet had not yet considered the report. Trudeau moved onto the Northern Gateway Pipeline and the widespread opposition to it. Harper responded that the government was in the process of reviewing the report of the National Energy Board, and they would be coming to a decision soon.
QP: More questions on income splitting
With the three main leaders at the RCMP funeral in Moncton, it was due to be another relatively quiet day in the Commons. Libby Davies led off QP by quoting the Broadbent Institute report that said that income splitting won’t benefit nine out of ten Canadians. Kevin Sorensen said that income splitting was good for seniors, and that it would be good for families. After another fruitless round, Davis moved on to the procurement process for the fighter jet replacements, to which Diane Finley praised the independent review process that they undertook, but noted that they had not yet come to a decision. Sadia Groguhé repeated the same question in French and got the same response, her follow-up bringing up the promises for industrial benefits by some bidders, not that Finley’s response changed. Ralph Goodale led off for the Liberals, bringing up the middling performance of our economy, hoping for something more than “mediocre talking points.” He was, however, disappointed as that was all that Sorensen had to offer. Stéphane Dion closed the round, lamenting the changes to the Building Canada Fund that would mean most municipalities missing an entire construction season, though Sorensen kept up with his good news talking points.
Roundup: The Sona trial commences
Michael Sona’s trial in the case of the misleading robocalls gets underway in Guelph, Ontario, today, Sona has long maintained that there is no real evidence against him other than some questionable testimony that would have occurred at a time when he was out of the country. That said, it is hoped that with other players on the stand that this trial may be the only hope for getting the real story of what happened in Guelph out there. Sona could face five years in jail and a fine of up to $5000 if found guilty.