Nadir André
JFK Law LLP is proud to spotlight the insightful legal commentary of JFK Law Partner, Nadir André. Nadir is a distinguished lawyer specializing in nation building, comprehensive land claim negotiations, and business law mandates.
In his recent article written in French and published on Radio-Canada’s Espaces Autochtones on June 9, 2025, Nadir provides a critical analysis of the legislative changes sweeping across Canada, which aim to fast-track natural resource and energy development projects. These changes, introduced by various provincial and federal governments, have sparked significant concern among Indigenous communities due to their potential to undermine years of progress to advance reconciliation.
Legislative Changes and Their Implications
The Carney government recently introduced Bill C-5: An Act to Enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act which is designed to reduce trade barriers and simplify environmental assessments, while Ontario’s Bill 5 seeks to accelerate mining and energy projects, particularly in the north with the Ring of Fire initiative. British Columbia has passed Bills 14 and 15 to expedite natural resource and infrastructure projects, and similar legislative efforts are underway in Nova Scotia and Quebec.
Indigenous Rights and the Duty to Consult
Nadir emphasizes the direct impact these legislative changes have on Indigenous rights, highlighting the Crown’s legal obligations to meaningfully consult and accommodate Indigenous peoples when they intend to authorize that projects may impact their ancestral and treaty rights. The Crown must also fulfill that duty in ways that uphold the principle of the Honour of the Crown, meaning that they must act honorably in their relations with Indigenous peoples.
Bill C-5 not only risks violating these constitutional rights and principles, but also acts in stark contradiction to the promises made when passing the United Nations Declaration on the Rights of Indigenous Peoples Act which obliges the Government of Canada to take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.
Historical Context and the Path Forward
Nadir’s commentary provides an integral historical perspective on the exclusion of Indigenous peoples from resource development, tracing back to the colonization era and the imposition of the Indian Act. He states,
“Canada was thus created with this vision and model of natural resource development. The country was able to rise to become one of the richest nations in the world thanks to this almost unlimited access to all these resources. Indigenous peoples, on the other hand, were completely excluded from the equation.”
Nadir reminds the reader that the evolution of Indigenous participation in development projects, spurred by constitutional recognition and Supreme Court rulings affirming the duty to consult, has been slow is now resulting in tangible change to laws, policies, and business relations. However, recent legislative proposals threaten to undermine these hard-won rights and the progress made towards reconciliation. This context is key to the public’s understanding of Indigenous opposition. He writes,
“Should we be surprised by the reaction of the majority of Indigenous peoples to this affront? Is their fear of a return to a not-so-distant past, when projects were carried out at the expense of their rights, unreasonable or unfounded? Can we erase nearly 30 years of Canadian court decisions recognizing minimum standards that allow them to participate in decisions that directly affect them?”
Nadir urges governments not to abandon the pursuit of reconciliation for expediency’s sake. Failing to address these fundamental issues will lead only lead unpredictable consequences in future relations between the Crown and Indigenous peoples and even more major project delays.
Conclusion
JFK Law celebrates Nadir André’s legal acumen and his unwavering commitment to advancing Indigenous rights. His work serves as a reminder that true reconciliation requires not only acknowledgment of past injustices but also proactive measures to ensure Indigenous communities are full partners in shaping their futures. We are honored to have him as part of our team and look forward to his continued contributions to the advancement of Indigenous rights in Canada.
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