Carney's 'nation-building' projects bill faces uncertain future in unpredictable Senate
CBC
Prime Minister Mark Carney's point-person in the Senate is pressing for the swift passage of the government's landmark "nation-building" projects bill, but he isn't certain he can get it through unamended before the upper house is scheduled to break for the summer.
In an interview with CBC News on Wednesday, Sen. Marc Gold, the government representative charged with shepherding C-5 through the Red Chamber, said he wants the bill to pass this week with no changes to fulfil Carney's commitment to "build big, build bold."
But, with senators essentially free agents after a series of changes under former prime minister Justin Trudeau, it's hard to say what the outcome will be — given the criticism from some Indigenous leaders and environmentalists, Gold said.
"I don't know what will occur," Gold said of possible amendments. "But I believe the bill as written is firmly anchored in the Constitution. I believe that bill reflects a clear electoral mandate that was given to this government.
"This is an important step towards meeting an historic moment for Canada," he said. "I am hopeful the Senate will pass it unamended, I have confidence that senators will listen to the arguments as to why this bill should be passed now."
The legislation, which easily cleared the Commons last week with Liberal and Conservative support, essentially gives cabinet the ability to pick projects to speed through the regulatory process, with an eye to projects that can deliver an economic boost to Canada and help strengthen the country's autonomy and resilience as it grapples with a U.S. trade war.
The Senate has agreed to study, debate and vote on the bill by Friday — but an amendment could throw a wrench in the works.
Paul Prosper, a Mi'kmaw senator from Nova Scotia, is promising to "slow down the process" with an amendment to give Indigenous people more time to weigh in and make their pitches to change the bill.
The legislation itself states the government will recognize, affirm and "respect" Indigenous Peoples' constitutional rights when considering a project to fast-track.
But there's a fear among some leaders that the consultation process with First Nations, Métis and Inuit communities will be inadequate given Carney campaigned on making final decisions within a two-year timeline. These leaders want protections for what's called "free, prior and informed consent" in the Indigenous legal sphere.
"If you don't do it right, we're looking at some potential litigation in the future. It's best to be proactive now," Prosper told reporters last week.
A spokesperson for Prosper confirmed to CBC News that he's still planning to propose an amendment to address some of the concerns raised by rights holders.
An amendment from Prosper or anybody else could be a problem for the government, if backed by the wider Senate.
Any legislative changes would also need to be agreed to by MPs — and the House of Commons has already risen and it's not due to return until mid-September.
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