First Nations chiefs reject Alberta–Ottawa pipeline deal hours before Carney speech

First Nations chiefs have unanimously rejected the federal–Alberta pipeline memorandum of understanding (MOU) in a resolution passed just hours before Prime Minister Mark Carney addresses them.

Source: Wikimedia Commons

First Nations chiefs have unanimously rejected the federal–Alberta pipeline memorandum of understanding (MOU) in a resolution passed just hours before Prime Minister Mark Carney addresses the Assembly of First Nations.

The emergency motion was not part of the AFN’s original draft of resolutions and was introduced Tuesday morning after chiefs raised alarm over the agreement Carney and Alberta Premier Danielle Smith signed on November 27.

The federal government agreed to adjust the Oil Tanker Moratorium Act to construct the pipeline if it is approved under the Building Canada Act.

The emergency resolution—moved by Haida Gwaii’s Chief Donald Edgars and seconded by Indigenous resource lawyer Merle Alexander—was swiftly printed, distributed, amended and adopted by full consensus at Tuesday’s meeting.

Introducing the motion, Edgars said the MOU was negotiated without First Nations involvement despite longstanding obligations to consult.

“Whether you support the pipeline or not. We can all agree that any government must seek our free and prior and informed consent before any proposed projects take place on our land and waters. This MOU provides no such assurances,” he said.

He warned that the new agreement recreates past conflicts over major energy projects.

“Make no mistake, First Nations in B.C. stood in unity then, and we stand together now. The pipeline going to BC’s coast is nothing but a pipe dream,” said Edgars

True North previously reported that Alberta NDP Leader Naheed Nenshi similarly called the pipeline a “pipe dream.” However, he reversed his opposition following the MOU.

Calling the tanker ban essential, Edgars urged chiefs to send Carney a united message.

“We cannot let this happen. The ramifications of a spill would not only be fatal… but would also be felt for generations,” he said, claiming that an oil spill was not a matter of if but when.

Alexander argued the agreement would undo long-standing federal commitments to coastal First Nations. He said former prime minister Justin Trudeau had “a grand bargain of balance,” approving the Trans Mountain pipeline, but putting the moratorium in place and rejecting the Northern Gateway project.

“This MOU, if implemented, would completely reverse that balance… the possibilities of a catastrophic event would completely destroy and eliminate the very Aboriginal and treaty rights that are protected currently.”

Various amendments were added to the initial resolution. Several chiefs insisted that Carney’s recent public statements on free, prior, and informed consent be formally included in the motion. Additions to the resolution used Carney’s own words to support First Nations opposition.

“The MOU we are creating with Alberta creates necessary conditions, but not sufficient conditions. Because we believe in cooperative federalism, we believe First Nations rights holders have to agree,” read one of the amendments, quoting Carney in the House of Commons on November 25.

British Columbia leaders emphasized that the resolution must explicitly hold Carney to these commitments.

“It’s important that we use the words that are shared with us by these political representatives and use it back to them and hold them accountable,” said Chief Cheryl Kazmaier.

A final amendment affirmed that First Nations laws hold paramountcy over federal or provincial legislation. Chiefs then adopted the resolution unanimously, eliminating the need for an electronic vote.

The vote sets the stage for a tense meeting with Carney, who is expected to address the assembly Tuesday afternoon, just hours after the resolution’s unanimous passing.

The assembly will continue debates this week on major projects, climate policy and proposed amendments to the Indian Act.