Impose a pipeline on Indigenous nations? Not so fast, say Indigenous rights lawyers

Pipelines, pipelines, pipelines.

Indigenous peoples came up just once during Wednesday's French-language federal leaders' debate, the first of two official debates before the vote, and the question was this: Would you impose a pipeline on Indigenous nations that don't want it?

First up was Conservative Leader Pierre Poilievre, who sidestepped the question.

"At the same time, there are others who will support it," Poilievre said in French, citing the cancelled Northern Gateway pipeline, claiming 80 per cent of First Nations supported it. 

"In that case, I think we should side with the majority and also allow businesses to pay part of their taxes directly to First Nations to combat poverty with industry and production."

NDP Leader Jagmeet Singh began to object, but he didn't get to fully answer the question. Moderator Patrice Roy of Radio-Canada asked Poilievre and Liberal Leader Mark Carney to respond, since both are pledging to increase oil and gas production.

"No, never impose," said Carney.

He went on to imply Indigenous people would support such projects under his leadership, citing his recent accord with premiers to create an "energy corridor" for oil, natural gas, renewable energy and critical minerals.

"With that, and with a process involving First Nations chiefs, we could have a solution to this problem," he said.

"And that's an example of leadership. That's an example of bringing leaders together to achieve a national objective."

While the debate may have had no obvious winner, those answers made one thing clear: Regardless of which party forms government, Indigenous peoples may face greater pressure to endorse resource development.

Three Indigenous rights lawyers, however, say consulting Indigenous people and accommodating their rights isn't optional. It's a duty rooted in Canada's Constitution that can't be fast-tracked.

"The answer has to be an unequivocal, unequivocal no, because any other answer would be contrary to the Constitution," said Bruce McIvor, a partner at First Peoples Law in Vancouver.

"You cannot impose. As a leader of the federal government, you have constitutional obligations. It's well developed under Canadian law that you have to respect Indigenous rights."