The headline read:
“Supreme Court of Canada confirms First Nations have no veto power over resource projects”
I was astounded.
A private report with that kind of title, from a trusted energy information source, surely would have some legitimacy – maybe not.
I am a stanch supporter of Indigenous constitutional rights and I follow these decisions quite closely. I was not aware of any challenge on ‘veto power‘ from Indigenous groups. I was, however aware of two court appeals pertaining to the Crown’s duty to consult. Both cases pertained to the National Energy Board and its decisions relating to oil and gas operations within traditional territory. One was dismissed and the other allowed.
The danger of private “intelligence” firms
As many of my supporters know, I have a military and law enforcement background. I have worked directly in information operations in various capacities. I am going to step in here and provide a counter.
1) The private report references two Supreme Court decisions in its assertions that first nations have no ‘veto‘. First, that is not what these cases were about. And second, even if it were (it was not), only one appeal was dismissed. The other allowed.
2) The report does not include any links to the court decisions or quotes from the cases themselves.
Not providing the links to the decisions, and misrepresenting the cases as some kind of ‘veto’ challenge is really weird. Not stating one appeal was allowed is strange since the decisions are public. And not letting people know an Energy Board decision was quashed is just plain old misinformation by omission.
Thanks for that. All in all, not helpful.
Unlike my friends over at the “trusted” energy intelligence firm, here are the links so you can make your own informed decision.