Carney's 'nation-building' projects bill faces uncertain future in unpredictable Senate
'I don't know what will occur,' says government's Senate representative
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.
Proposed amendment expected
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.
If an amendment goes through, either MPs would have to be called back to Ottawa or the bill could be left on the order paper for further discussion and possible approval in the fall.
That's something Carney and his government want to avoid, given the whole point is to fast-track approvals and get shovels in the ground quickly.
"There's a process that the Senate has committed to, to get to a final vote on it by [Friday]," Government House leader Steven MacKinnon said. "It's a very important legislation that has massive support among Canadians."
After Trudeau kicked Liberal senators out of the national caucus and instituted a series of reforms, most members of the upper house sit in loosely constituted groups where votes aren't whipped and senators can make amendments as they please.
The Senate has acted quickly on some government bills while taking its time with others, including the last Liberal government's streaming bill and firearms law changes, which were debated for months.
Still, Gold said he hopes a majority of senators realize just how important it is to get the bill passed this week. He said that would allow the government to start liaising with project proponents, premiers and Indigenous communities on what to approve.
While acknowledging the timeline is quite fast, Gold said senators sat for hours of pre-study last week before getting the legislation from the Commons and, by Friday, it will be time to make a final decision.
"We have done our job," he said. "The government will speak against amendments if it comes to that and try to persuade the majority of senators to agree with us."
The legislation itself doesn't approve any particular project and there will be time for more in-depth consultations with Indigenous people and other interested parties when the approvals process for whatever is pitched gets underway, Gold said.
"This is legislation that sets out a framework. These projects won't happen overnight," he said.
While the legislation doesn't dictate what should be built, Carney has signalled it could be used to greenlight new energy "corridors" in the east and west, including possible pipelines and electricity grids, new and expanded port facilities, mines and other resource-related initiatives.
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