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Premier Scott Moe said Saskatchewan wants pipelines built and is encouraging other provinces and the federal government to get behind the cause.
Moe took to social media Wednesday saying all pipeline projects that cross Saskatchewan would be considered “pre-approved.” It’s something that isn’t sitting right with First Nations communities.“All pipeline permits going east, west, or south received in Saskatchewan will be considered pre-approved,” the post reads. “We encourage all provinces and the federal government to do the same.”His office said federal regulations and politics have hindered development and that the energy industry requires certainty.University of Saskatchewan political scientist Daniel Westlake said pre-approving all pipelines could turn out to be tricky.“With any kind of pipeline development there’s always concerns over environmental damage, there’s always concerns over relationships with Indigenous people and land that’s affected. I don’t know that pre-approval gets you out of those particular concerns,” Westlake said. Pipelines that cross provincial boundaries or the Canada-U.S. border are reviewed by the Canada Energy Regulator and approved by the federal government.
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Ottawa also has a legal duty to consult Indigenous groups whose treaty rights may be affected by projects.For Indigenous rights advocate and lawyer Aly Bear, Moe’s comments on pipelines contradict the strides the province has made in truth and reconciliation.
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“We continue to see the government make unilateral decisions without having First Nation representation at the table before making these types of announcements and making these types of decisions regarding our resources and our land,” Bear said.Westlake also argues that while putting out a social media declaring something is one thing, implementing it is another.It’s something Bear agrees with, saying, legally, Moe doesn’t have much of a leg to stand on without consulting First Nations peoples whose land or treaty would be affected unconstitutionally.
“This puts them in place of liability when it comes to First Nations, maybe implementing an injunction,” Bear argued. “Or Metis communities also have the right to implement an injunction in regard to pre-approved certain resource projects and not being included in that”However, Bear believes Moe’s announcement is primarily directed at the international issue of tariff threats from the United States. Scott Moe has been in Washington continuing discussions on trade, and emphasizing the importance of Saskatchewan oil exports among others.“We export about a billion dollars of oil in places like Ohio, Illinois, Louisiana and Texas,” Moe said. “Gas will go up at the pumps almost immediately and so American families will pay more.”Regardless of Moe’s intention with his “pre-approval” of all pipelines, Bear said First Nation communities will be ready to fight if necessary.“At the end of the day, I think that if this has to go to court, this is something that should be an easy win for First Nations if he continues to pursue with pre-approval in these types of projects,” Bear said.
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