A British Columbia lawyer says the federal government is trying to evade its duty to consult with First Nations on projects that affect traditional territories through legislative amendments to the environmental process.
“From our point of view, the government can’t just by changing the law pitch its duty to consult over the side,” Janes, who is representing the Mikisew Cree and Frog Lake First Nations in a legal case against Ottawa, says.
The two bands are arguing changes to the navigable waters and environmental assessments acts threaten their traditional territories.
Janes adds by drastically lowering the number of lakes and rivers that fall under protected status, the federal government is removing many of the factors that trigger the duty to consult process.
He says through these legislative changes the federal government is also avoiding its constitutional responsibility to police the provinces in economic activities that may affect First Nations lands.
In particular, provinces such as Alberta and Saskatchewan have a large dependence on revenues generated from resource royalties and this is why it must be the federal government and not just the provinces that plays a lead role in overseeing economic activity in this area, he says.
Janes argues the duty to consult process has kept companies focused on good relations with First Nations and sound environmental practices but this could slowly fade away if these changes are allowed to take place.