'We have to get that balance right': Liberal MPs express worries about major projects bill

OTTAWA — More progressive Liberal MPs expressed cautious concerns about their government’s decision to ram through the internal trade and major projects bill in a matter of days, with some of them saying it could lead to legal issues down the road. Bill C-5 would give the federal government sweeping powers for five years to quickly approve natural resource and infrastructure projects once they are deemed to be in the national interest — sparking criticism from First Nations and environmental groups. Those concerns have been heard loud and clear and, in some cases, have resonated with some Liberal MPs. The bill is being studied and will be amended in a parliamentary committee on Wednesday, before it makes its way back to the House of Commons for a final vote Friday. Earlier this week, Liberal MP Nathaniel Erskine-Smith said his government “is proposing to shut down democratic debate, curtail committee scrutiny and jam the bill through the legislature,” all which he said would make former prime minister Stephen Harper “blush.” “Liberals would rightly scream if a federal Conservative government attempted the same,” he said in a speech to the House on Monday. B.C. MP Patrick Weiler also urged parliamentarians to consider how this bill “could be used in bad faith by a future government” given those powers will be in place for five years. A few Liberals expressed discomfort at the idea that some Indigenous groups said C-5 could potentially violate their treaty rights and that it does not clearly define the need for them to give free, prior and informed consent for projects taking place on their lands. “There is a clear desire on the part of Canadians to be able to get big projects done in this country,” said Karina Gould, a former leadership contestant and current MP. “But there is a duty and an obligation to ensure that Indigenous rights holders are part of this process.” “We have to get that balance right, because if you don’t, the government will be facing court challenges,” she added. The warning has been issued by First Nations groups, including Ontario Regional Chief Abram Benedict who represents 133 First Nations across the province and said he would support them however they see necessary, whether it be in the courts or with protests. “Obviously, we have to talk. We have to have those conversations, and we have to assure that Indigenous participation is included all the way through. And I think that will be the job ahead of us for the summer,” said Brendan Hanley, the Liberal MP for Yukon. Hanley dismissed the idea C-5 could lead to another “Idle No More” movement? “No. I think we’re going to be able to handle this in collaborative conversations,” he said. Marcus Powlowski, an MP from Northern Ontario, said he has heard the concerns Indigenous and environmental groups have about C-5 but does not totally agree with them, nor does he think the bill in its current form gives the government too much power. “I think, especially at the moment, given the international situation, given the pressures from the United States, I think we need a strong Canada. And part of being a strong Canada is getting major projects going, getting access to critical minerals,” he said. However, Powlowski admitted the government “didn’t have a lot of time” to come up with the legislation and hinted “maybe this is the best we’re going to get under the circumstances in the fact that we only have a few days to pass the legislation.” “I think it’s important we pass this legislation, and there’s always an opportunity afterwards to amend it,” he said. Government House leader Steven MacKinnon defended the government’s decision to pass C-5 before the summer, saying that it won an election campaign focused on lowering internal trade barriers and getting the economy moving with nation-building projects. “This bill enjoys incredibly broad support, and we’re pleased to be making progress on that,” he said. Other Liberals took issue with reporters describing the process as too expedited. “I don’t think we’re ramming it through. I think we’re getting it done with accelerated speed,” said James Maloney, the Liberals’ caucus chair. Heritage Minister Steven Guilbeault, a fervent environmentalist, sought to minimize the reach of C-5 this week. He said most major projects do not trigger federal impact assessments, so the bill would only apply to a “very small number of projects.” “I think that, as we move forward, we will see that the type of projects that are being proposed are projects that we want in terms of being able to achieve our 2030 targets when it comes to emissions reduction,” he said during a press conference on Monday. Guilbeault also expressed concern regarding consultations with Indigenous peoples: “This is an area where we have to be very careful… It can lead to problems down the road.” National Post calevesque@postmedia.com Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.