Bill C-39 Fails the Treaty Test: No Consent, No Fast Tracking of Projects

October 15, 2026

Treaty One Territory, Manitoba

Jesse Nobess

FOR IMMEDIATE RELEASE

October 15, 2026

Bill C-39 Fails the Treaty Test: No Consent, No Fast Tracking of Projects

Treaty One Territory, Winnipeg, Manitoba: The Assembly of Manitoba Chiefs (AMC) cannot support Bill C-39, the Building Canada Strong Act, as written. The Bill would allow work to begin before impact assessments are complete, treat federal approval requirements as already satisfied across entire designated regions, and set fixed deadlines that limit the time available for consultation, without a single reference to free, prior and informed consent (FPIC) or the United Nations Declaration on the Rights of Indigenous Peoples Act.

AMC’s position is grounded in direction already given by the Chiefs-in-Assembly. The Chiefs have directed AMC to uphold First Nations’ right to FPIC in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, to ensure First Nations take part in project planning before any federal approval, and to secure full partnership, with ownership, revenue sharing and decision-making power, in resource and critical mineral development. They have affirmed that First Nations are the primary rights holders in their Treaty lands and ancestral territories. Bill C-39 does not meet that standard.

“First Nations are not opposed to development.” said Grand Chief Kyra Wilson. “When First Nations are at the table from the beginning, projects move with certainty. When we are brought in at the end, they stall. That certainty cannot be legislated or deemed into existence. It is earned through a mutual relationship and by honouring our sacred Treaties. Our position is simple: no consent, no fast tracking of projects.”

Bill C-39 was introduced on September 21 and passed second reading just 17 days later on October 8.  Currently, it’s before a House of Commons legislative committee, while a Senate committee is also reviewing it simultaneously.  The government aims for Royal Assent by December. AMC intends to file a formal submission with the House of Commons Legislative Committee on Bill C-39, ahead of its October 26th deadline.

The Bill would allow early project work before impact assessments are complete.  Specifically, in designated regions of national interest, it would prioritize project findings over those required for federal permits, even before individual projects are assessed. This would streamline review timelines and make the Canada Energy Regulator the sole assessor of interprovincial pipelines.  Furthermore, it would permit modifications to approval conditions after the fact and leave funding for First Nations’ consultation participation to ministerial discretion.  Crucially, the Bill does not require consent.

“Early work can cause irreversible harm to sacred sites and harvesting areas before an assessment is finished,” said Grand Chief Wilson. “A federal deadline cannot reduce the Crown’s obligations. Where consultation and accommodation are required, approval must wait until those obligations have been met.”

In June 2026, AMC’s submission called for consent before project approvals or preliminary activities.  AMC also called for rejecting arbitrary approval timelines and preapproval mechanisms, as well as the need for First Nations-led assessments and stable capacity funding.  However, by considering specific findings favourable for eligible projects, the regional provisions would essentially create the preapproval mechanism AMC had asked Canada to reject.

Each First Nation decides its own priorities and partners, and determines its consent through its own laws and governing institutions. One First Nation’s agreement cannot provide another Nation’s consent, and AMC’s participation in parliamentary review cannot substitute for the consent of any affected First Nation.

“I call on Canada to act honourably and uphold our sacred Treaties,” concluded Grand Chief Wilson. “Governments change. Our Nations are not going anywhere.

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For more information, please contact:
Communications Team
Assembly of Manitoba Chiefs
Email: media@manitobachiefs.com

About the Assembly of Manitoba Chiefs:

The Assembly of Manitoba Chiefs was created in 1988 by First Nations in Manitoba to coordinate political action and technical work on common issues. Through the Chiefs-in-Assembly, AMC works collectively to promote, preserve, and protect First Nations and Treaty rights, strengthen First Nations cultures, traditions, languages, economies and societies, and advance self-determination and self-government. AMC represents 63 First Nations in Manitoba and the diverse Anishinaabe, Nehetho/Ininew, Anisininew, Denesuline, and Dakota Oyate peoples.