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Western premiers blast Lametti for suggesting Ottawa might ‘look at’ provinces’ power over natural resources

April 11, 2023

Lametti told an AFN meeting he would examine calls to rescind Natural Resources Transfer Act

David Lametti at a press conference.
Justice Minister David Lametti is being pressed to retract a comment that suggested the federal government is willing to revisit the legislation giving western provinces control over their natural resources. (Adrian Wyld/The Canadian Press)

CBC News: Conservative Leader Pierre Poilievre and three western premiers are calling on Prime Minister Justin Trudeau to disassociate his government from comments made by his justice minister — who promised last week to “look at” a decades-old law that gives control over natural resources to the four western provinces.

“The federal government cannot unilaterally change the Constitution,” the premiers of Alberta, Saskatchewan and Manitoba said in a joint statement Tuesday. “It should not even be considering stripping resource rights away from the three Prairie provinces. “The prime minister needs to immediately retract these dangerous and divisive comments by his justice minister.”

Opposition Leader Pierre Poilievre accused Justice Minister David Lametti of threatening to overturn the Constitution and take federal control over provincial resources. “I’ll never allow this attack by the costly coalition on our Prairie resource workers,” Poilievre tweeted. “I’ll put westerners in control of their resources and lives.”

Poilievre’s tweet prompted Lametti to shoot back. “This isn’t true,” Lametti tweeted Tuesday afternoon. “At no point did I commit our government to reviewing areas of provincial jurisdiction.”

The controversy was sparked by comments Lametti made on April 5 while answering questions during a meeting of the Assembly of First Nations.

‘It won’t be uncontroversial’

Grand Chief Brian Hardlotte of the Prince Albert Grand Council and Chief Donald Maracle of the Mohawks of the Bay of Quinte called on the federal government to rescind the Natural Resources Transfer Act — legislation passed by the federal government and provinces in 1930 which transferred the administration of natural resources from Ottawa to the four western provinces.

“Canada exports natural resources to other countries. They earn trillions of dollars in revenues from those resources,” Maracle said. “Those resources were given to the provinces without ever asking one Indian if it was okay to do that, or what benefits would the First Nations expect to receive by Canada consenting to that arrangement.”

Lametti acknowledged the chiefs’ comments. “I obviously can’t pronounce on that right now but I do commit to looking at that,” he told the AFN. “It won’t be uncontroversial, is the only thing I would say, with a bit of a smile.”

Premier Scott Moe is in India on a trade mission. His government opened a trade office in New Delhi, India last year.
Saskatchewan Premier Scott Moe called Lametti’s comment “dangerous and divisive.” (Michael Bell/The Canadian Press)

That proved to be an understatement. On Monday, Saskatchewan Premier Scott Moe described Lametti’s comment as “dangerous and divisive.””On what basis does the federal justice minister think he has the authority to unilaterally strip Saskatchewan and the other western provinces of our constitutional authority over our natural resources?” he said in a tweet.

“Saskatchewan has always had reason to be concerned about this federal government’s agenda to infringe on provincial jurisdiction and autonomy, and we will be relentless in defending our jurisdiction and autonomy. “The prime minister needs to immediately tell his justice minister he has no business even speculating about rescinding western provinces’ constitutional authority to control our natural resources.”

Manitoba Premier Heather Stefanson described Lametti’s comments as “needless provocation.” “Reckless comments from the federal justice minister threatening Manitoba’s control over natural resources need to be immediately withdrawn,” Stefanson tweeted Tuesday.

“The recent suggestion that the federal government will look at rescinding constitutional Natural Resource Transfer Agreements from the 1930s with Manitoba, Saskatchewan and Alberta is another example of divisive disregard for the Prairie provinces.”

A woman is pictured in front of a green backdrop.
Alberta Premier Danielle Smith said any move to change the rules on natural resources would jeopardize national unity. (Sean Kilpatrick/The Canadian Press)

Alberta Premier Danielle Smith called on Lametti to retract and apologize for his comments. “I just received word that the federal justice minister may attempt to rescind the 1930 Natural Resources Transfer Agreement with the Prairie provinces,” Smith tweeted Monday. “This would pose an unprecedented risk to national unity and Alberta condemns this federal threat in the strongest possible terms.”

Lametti was not available Tuesday for an interview. In a statement issued on Twitter Monday to clarify his comments, he said it’s part of his job to listen to the concerns expressed by First Nations chiefs. “To be clear, at no point did I commit our government to reviewing areas of provincial jurisdiction, including that over natural resources,” he wrote. “The focus of our government’s work is to co-develop an action plan with Indigenous partners that will show the path we must take towards aligning federal laws and policies with UNDRIP (the United Nations Declaration on the Rights of Indigenous Peoples).”

Lametti’s tweet did little to reassure Conservative MPs from Saskatchewan, who vowed to protect the province’s control over natural resources. “Developing our oil, gas and minerals is tough enough with the Liberal government’s regulations designed to stifle projects and Justin Trudeau’s carbon tax making costs higher in Canada,” 15 MPs said in a joint statement. “Imagine how much worse it would be if the Trudeau Liberals were to take direct control over resource development.”

The MPs called on NDP Leader Jagmeet Singh to say he would not support that kind of move.

NDP natural resources critic Charlie Angus called on all parties to work together. “We all have to work together to ensure that Indigenous communities are able to benefit and make decisions about potential natural resources projects on their land,” Angus said in a media statement. “This means that both the federal and provincial governments have an obligation to engage in proper consultation, build in strong economic partnerships and set high standards for environmental protection of traditional lands. That’s the way we move forward as a nation.”

Grand Chief Cathy Merrick of the Assembly of Manitoba Chiefs said the transfer of land and natural resources to the western provinces was done contrary to First Nations laws and customs.  “First Nations were never involved in this process. It was something that was done unilaterally without any First Nations people at the table,” she said. “I think it’s time that we be heard as well. We have shared our lands for over 100 years and we need to be considered, to be at the table.”

Chief Bobby Cameron of the Federation of Sovereign Indigenous Nations praised what he described as Lametti’s “awesome” comments and had a message for western premiers. “You have unsettled business in your provinces, you have unsettled business with those First Nations and you had better meet with them and listen to them,” he said Monday. “Your way is not the right way. Your way has failed. It is the First Nations’ treaty perspective that will prevail.”

The Assembly of First Nations has not yet responded to requests for comment from CBC News.

ABOUT THE AUTHOR

Elizabeth Thompson, Senior reporter

Award-winning reporter Elizabeth Thompson covers Parliament Hill. A veteran of the Montreal Gazette, Sun Media and iPolitics, she currently works with the CBC’s Ottawa bureau, specializing in investigative reporting and data journalism. She can be reached at: elizabeth.thompson@cbc.ca.