Two crude oil tankers, SFL Sabine and Tarbet Spirit, are docked at the Trans Mountain Westridge Marine Terminal in Burnaby, B.C., on Monday, June 10, 2024. The facility, located close to a residential neighbourhood, loads crude oil from the expanded Trans Mountain Pipeline onto vessels. Photo credit: The Canadian Press.
Two former Indigenous leaders are sharing different views on how Ottawa should handle big projects after years of disputes over the Trans Mountain pipeline expansion. Their voices come as Prime Minister Mark Carney pushes forward with the new Building Canada Act, a law designed to fast-track mines, pipelines, and other major developments.
Trans Mountain left lasting impacts
The Trans Mountain expansion, known as TMX, started operating last year after more than a decade of delays. Court battles, protests, and a lack of consultation with Indigenous communities slowed the project. In 2018, a federal court cancelled its approval, saying Ottawa had not done enough to listen to First Nations. The government later reapproved it in 2019 and even purchased the pipeline from Kinder Morgan to keep the project alive.
Leah George-Wilson, the former chief of the Tsleil-Waututh Nation, said her people continue to feel the damage. She believes Ottawa has not learned from TMX and warned that more First Nations will take the government to court over the new law.
“Even today … the government has not responded to the significant impacts that Trans Mountain has had and continues to have on our community,” she said.
Her nation fought the pipeline in court for years, saying it threatened Burrard Inlet, which lies within their traditional territory. Despite some early victories, they could not stop the project. George-Wilson doubts Carney’s assurances that Ottawa will respect section 35 of the Constitution, which protects Indigenous rights.
Growing legal challenges
Several Indigenous groups argue they were left out of the discussions when the Building Canada Act was written. Nine First Nations in Ontario have already filed a legal challenge, saying the law could erode their rights.
George-Wilson believes Carney’s plan to speed up approval timelines to two years will not work. “I don’t think this piece of legislation is going to speed up the projects at all because they’re going to end up in court,” she said.
A more optimistic view
Others see things differently. Joe Dion, a former grand chief in Alberta, thinks the government will respect Indigenous rights and avoid repeating mistakes. Dion now leads the Western Indigenous Pipeline Group, which represents dozens of communities interested in buying TMX alongside Pembina Pipeline Corporation. Ottawa has said it plans to sell the pipeline but has not yet done so.
Dion believes times have changed. He points out that today, Indigenous ownership and equity stakes are on the table in a way they were not when TMX began. “The government is now saying that the First Nations and the Indigenous groups will have equity, will have ownership in these projects,” he said. “When TMX started, there was no promise of that at all.”
He admits not every community will agree with the Building Canada Act. But in his view, projects that pose serious harm to Indigenous lands will not move ahead. “You will never have unanimity, whether it’s First Nations or non-First Nations,” he added.
What lies ahead
The divide between leaders like George-Wilson and Dion shows how complex Canada’s path forward remains. While Ottawa seeks faster approvals, many Indigenous nations expect stronger protections. Whether the Building Canada Act creates progress or more conflict may depend on how closely the government listens in the years ahead.
