Indigenous communities along the proposed Pacific Link pipeline route were given approximately two months to provide feedback on its designation as a project of national interest, raising concerns about inadequate consultation, insufficient project information and potential violations of Indigenous rights.
The federal government initially planned a one-month consultation period but extended the deadline following objections from Indigenous leaders. The consultations concerned Alberta’s proposed West Coast oil pipeline, which Prime Minister Mark Carney officially designated a project of national interest on Thursday.
The designation, granted under the Building Canada Act, is intended to accelerate federal oversight and approvals. The government aims to complete further consultations, establish environmental safeguards, secure financing and develop Indigenous partnerships over the next year, with construction targeted for September 2027.
However, the Assembly of First Nations (AFN) has raised concerns about the federal government’s approach, warning that Ottawa appears to be making decisions before completing meaningful consultations with affected communities.
The AFN noted that the designation was announced just 12 days after the consultation deadline, arguing that economic development must not come at the expense of Indigenous rights, environmental protection or the government’s legal obligations.
According to a federal consultation summary, more than 130 Indigenous communities could be affected by the proposed pipeline. The Major Projects Office began contacting those communities in July, initially setting an August 28 deadline before extending it to September 18.
Indigenous representatives warned that summer harvesting activities, ceremonial gatherings and wildfires, including evacuations, made it difficult for communities to participate within the original timeframe.
The Major Projects Office reported holding more than 140 meetings involving representatives from over 110 Indigenous organizations and communities.
During those discussions, numerous Indigenous leaders said they lacked essential information about the pipeline’s proposed route, engineering, environmental consequences, marine shipping operations, emergency response plans and potential effects on Aboriginal and treaty rights. These concerns were raised by communities both supporting and opposing the project.
Despite the objections, the federal government maintains that its consultation process provided Indigenous communities with a meaningful opportunity to participate. Ottawa says outstanding concerns can be addressed through subsequent regulatory and consultation processes before final federal authorizations are granted.
The dispute also raises questions about Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples, which establishes the principle of free, prior and informed consent for decisions affecting Indigenous lands and rights. Indigenous and treaty rights are also protected under Section 35 of the Canadian Constitution.
AFN National Chief Cindy Woodhouse Nepinak has criticized the Major Projects Office’s engagement with First Nations, arguing that its staff lack the experience needed to build meaningful relationships with Indigenous communities. She also said the office’s CEO, Dawn Farrell, has been unavailable for meetings with First Nations leadership.
Cold Lake First Nations Chief Kelsey Jacko expressed similar concerns, saying his community has been excluded from discussions despite its location in the oilsands region and the potential implications for its lands and treaty rights.
Jacko questioned the federal government’s commitment to establishing a new relationship with First Nations, arguing that the pipeline announcement does not reflect Carney’s stated intention to make Indigenous communities partners in major infrastructure development.
A senior federal official acknowledged ahead of Thursday’s announcement that the national interest designation could face a legal challenge.
The federal government nevertheless intends to proceed with the project while continuing consultations with affected Indigenous communities over the coming year.
