Tom Mulcair: Indigenous consent and environmental assessment are essential elements for major project success

Summary

• Tom Mulcair served as leader of the federal New Democratic Party from 2012 to 2017 & currently works as a CTV News commentator & columnist.
• Mulcair participated in the C.D. Howe Institute's Regent Debate regarding whether current federal Indigenous consultation frameworks impede economic prosperity.
• Debate participants agreed on the need to reduce bureaucratic hurdles but disagreed on imposing strict external timelines to shorten Indigenous consultation processes.
• Mulcair argued against shortening consultation timelines, stating that the relationship between the Crown & Indigenous leadership should not involve one side dictating terms to the other.
• The Federal Court has repeatedly ruled that superficial engagement does not constitute meaningful consultation & warned against approaches that bias outcomes toward rapid approval.
• Recent legislative proposals like Bill C-39 face scrutiny for attempting to prioritize speed over the obligation of a fair assessment process that can result in a "no."
• A case involving the Innu community of Pessamit highlighted risks of rushing complex proposals, leading to a defeated vote & subsequent leadership changes.
• Concerns exist regarding the impact of oilsands development on Indigenous communities like the Cree & Dene, including reported increases in rare cancers in Fort Chipewyan.
• Canada's status as a signatory to the UN Declaration on the Rights of Indigenous Peoples creates an obligation for prior informed consent & fair processes, even if not a veto.
• The success of Prime Minister Mark Carney's rapid development agenda depends on balancing speed with fairness to avoid social disruptions & legal challenges.