N.S. Mi'kmaw chiefs say they should have been consulted on natural resources legislation

The Assembly of Nova Scotia Mi'kmaw Chiefs is again calling out Premier Tim Houston for a lack of consultation as the provincial government pushes a new emphasis on natural resource development.

A letter from the chiefs to Houston on Tuesday criticized the premier for not consulting the assembly before his government tabled legislation that, among other things, would create the potential for fracking for onshore natural gas and repeal a ban on uranium exploration and mining.

"The assembly has strongly opposed hydraulic fracturing and uranium mining in the past," reads the letter signed by Chief Carol Potter, Chief Cory Julian and Chief Tamara Young.

The chiefs go on to say "it is unacceptable" for the government to fast-track natural resource extraction that could affect the environment and their treaty rights.

"All resource extraction developments and strategic level planning decisions impacting our unceded lands must be accompanied by consultation and discussions of compensation and mitigation."

• Houston reaffirms commitment to First Nations consultation amid resource development push

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The proposed changes are part of Bill 6, omnibus legislation MLAs are debating at Province House.

Since January, Houston has said the province must do more to harness natural resources to help make Nova Scotia's economy more stable and self-sufficient at a time when the entire country faces economic threats and uncertainty associated with tariffs from the United States government.

On Tuesday, President Donald Trump confirmed that his government is moving ahead with 25 per cent tariffs on goods from Canada and Mexico.

In their letter to the premier, the chiefs write that they are not opposed to "ethical and well-planned" development that respects their treaty rights and provides opportunity for their people.

"However, when the province pushes through hurried legislative changes that reverse longstanding policies in the name of Nova Scotia being 'open for business,' it sends a clear message that our rights and our voices do not matter to this administration."

Natural Resources Minister Tory Rushton told reporters at Province House that the tabling of the bill represents the start of a conversation, one he was adamant would include Mi'kmaw leadership.

"Those consultations have to happen. There's no question about that," he said.

"We respect the relationship we have with our Mi'kmaw chiefs and that's not going to differ. We will have consultation and conversations with them on every single project."

Rushton said there was urgency on the part of the government to get the bill before the House as it contends with a new economic reality under the Trump administration. He said that was also a contributing factor in the government pursuing the initiative, despite not campaigning on it during the recent provincial election.

Since the renewed emphasis on resource development, Houston and his government have portrayed themselves as taking on unnamed special interest groups and "professional protesters" they say have prevented the province from previously capitalizing on its resource potential.

Rushton shied away from the adversarial tone the premier and some ministers have taken on the issue, saying "everybody has a special interest in everything" when they come to him.

"It doesn't matter what side it is. I consider all points of views when they come to my table to have those conversations."

'Disrespectful and surprising'

NDP Leader Claudia Chender said it is "unbelievably important" for the government to consult with the Mi'kmaq, something that she noted is required by law.

"It is, I think, disrespectful and surprising that this isn't something that this government would have considered when springing this natural resources strategy upon us," she told reporters.

Interim Liberal Leader Derek Mombourquette said it is "completely unacceptable" that there was not consultation with the assembly before Bill 6 was tabled.

The Mi'kmaq "bring knowledge, they bring a wealth of experience and history to it and it really builds the foundation of social licence for these projects," he told reporters.

A focus on critical minerals

The chiefs previously wrote to Houston last month to voice concerns about a lack of consultation before the session at the legislature started and there were strong signals that something like Bill 6 was coming. They also wrote to the government last fall regarding concerns about consultation on legislation related to offshore wind development.

The premier was in Toronto on Monday and Tuesday for the annual Prospectors and Developers Association of Canada conference to promote opportunities in the province.

The government announced on Tuesday that the Natural Resources Department would use $1 million in federal funding for projects to study how critical minerals can be extracted from new and previously developed sites, such as historic mine tailings sites, and to create a model of critical mineral potential in the province.

Premier to meet with chiefs

On Wednesday, Houston told reporters at Province House that he and L'nu Affairs Minister Leah Martin are scheduled to meet with the chiefs later this week.

"I have great respect for our First Nation leaders," he said.

"Part of that meeting will be to have a discussion that if and when or as projects come forward, there will be fulsome discussions and consultation and they will be part of that."

Houston said natural resources present many economic development opportunities for the province and First Nations communities and there are ways to do it safely.

"Everybody cares about the future of our planet and safe water and clean air. We all care about the same thing."