NDP Indigenous Affairs critic Leah Gazan is calling on the federal government to ensure Indigenous nations are consulted before projects are designated as being in the national interest.
In an open letter to Prime Minister Mark Carney, Gazan argues that the current approach risks violating the principle of Free, Prior and Informed Consent, a key component of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Gazan says consultation should begin before the federal government decides whether a project is in the national interest. She contends that once a designation has already been made, Indigenous nations are left responding to decisions rather than helping shape them.
The letter references Supreme Court of Canada decisions, including Haida Nation and Taku River Tlingit First Nation, which established that governments have a duty to consult and, where appropriate, accommodate Indigenous peoples when their rights may be affected.
Gazan also points to more recent cases, including Kebaowek and Gitxaala, which have increasingly relied on UNDRIP as a framework for interpreting consultation obligations and Indigenous participation in decision-making.
Parliament adopted the United Nations Declaration on the Rights of Indigenous Peoples Act to align Canadian laws with the standards outlined in UNDRIP. Gazan argues that identifying projects as nationally significant before Indigenous involvement runs counter to the spirit of that legislation.
She is urging Ottawa to ensure Indigenous nations are involved from the outset and that future project approvals respect Indigenous rights, jurisdiction, and Canada’s legal and international commitments.
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