Federal Justice Minister Sean Fraser rejected Indigenous leaders’ demands for veto authority over major infrastructure projects Tuesday, saying that constitutional consultation requirements do not extend to granting communities final approval power.
Fraser’s comments came after the Assembly of First Nations warned Prime Minister Mark Carney that his plans to fast-track massive infrastructure projects must secure Indigenous consent under the United Nations Declaration on the Rights of Indigenous Peoples.
“The explicit nature of a veto — so from my understanding — is it stops short of a complete veto,” Fraser told reporters, describing consultation as requiring deep engagement while maintaining government decision-making authority.
The exchange highlights growing tensions as federal and provincial governments across Canada rush to expedite resource and infrastructure projects amid economic pressures from potential US trade policies. Multiple provinces have recently passed or proposed legislation to streamline project approvals, often without prior Indigenous consultation.
The Assembly of First Nations has warned that without “free, prior and informed consent” from affected communities, Carney’s infrastructure agenda will face conflict and litigation. AFN National Chief Cindy Woodhouse Nepinak criticized Ottawa for providing only a letter and background document rather than proposed legislation for review.
Several provinces are advancing similar fast-tracking measures. British Columbia narrowly passed two controversial bills last week allowing the government to override environmental assessments for priority projects. Nova Scotia lifted its fracking moratorium, while Ontario introduced omnibus legislation expediting mining approvals.
First Nations leaders across these provinces have objected to the rushed legislative processes. “The government introduced this bill with no advanced notice, no consultation, no dialogue, with rights holders,” said Abram Benedict, grand chief of the Chiefs of Ontario.
The Supreme Court of Canada has repeatedly ruled that while Indigenous communities have strong consultation rights, these do not constitute a constitutional veto over development projects. However, the implementation of UNDRIP — which Canada adopted in legislation — has created legal uncertainty about consent requirements.
Fraser acknowledged the government must “fully understand the potential impact that those projects could have on rights that are protected in our treaties and again, protected by our constitution” before moving forward with specific projects.
The federal government plans to introduce legislation creating a Major Federal Projects Office to reduce project approval timelines from five years to two while maintaining environmental standards and constitutional obligations to Indigenous Peoples.
Crown-Indigenous Relations Minister Rebecca Alty said Monday that while closing First Nations infrastructure gaps is critical, such work would not qualify for the expedited “nation-building” process and would be pursued through separate channels.
The first ministers meeting ended Monday with premiers endorsing Carney’s approach to eliminate internal trade barriers and streamline major project approvals, though Indigenous leaders were not formal participants in those discussions.
Information for this story was found via The National Post, and the sources and companies mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
