POLITICS: Have Carney and Smith Just Handed Eby And The Coast Nations The Advantage ? – USSA News

Its hard not to think this , now that the dust has settled.  

While Constitutionally the Feds in theory hold the cards, the Prime Minister has indicated that the BC Government and the Coastal First Nations must be on side for this new Agreement to go ahead . 

And the Coastal Nations in any case must be meaningfully consulted for this agreement to move head according to the Supreme Court of Canada decisions regarding Section 35 of the Constitution Act 1982.   And we all know how the Federal Government can use or abuse the Constitution as they see fit.

So it is a bit early to cheer about a new day. 

While Alberta seems to have won on a suspension of Clean Electrify Regulations and Oil and Gas Emissions Cap it comes at the expense of Alberta agreeing to higher carbon taxes . 

And Note The Agreement other provisions:

• “Alberta and Canada recognize their obligations to consult with, and where appropriate accommodate, Indigenous Peoples; and
• Canada and Alberta are committed to respecting Aboriginal and Treaty rights, engaging in early, consistent, and meaningful consultation with Indigenous Peoples, in a manner that promotes reconciliation, and respects the rights and cultures of Indigenous Peoples while advancing economic opportunities through Indigenous ownership and partnerships.”

• “Providing meaningful opportunity for Indigenous rightsholders to participate in consultation processes and economic opportunities through Indigenous ownership, partnerships and benefits.”

• “Canada and Alberta agree to engage with British Columbia immediately in a trilateral discussion on the pipeline project, and during the potential development and construction of the bitumen pipeline referred to in this MOU, and to further the economic interests of B.C. related to their own projects of interest that involve the Province of Alberta including interties. In addition, Canada will work with B.C. on other projects of national interest in their jurisdiction.
• Canada and Alberta also agree to engage meaningfully with Indigenous Peoples in both Alberta and British Columbia on this project, with the involvement of the B.C. Government for engagement with B.C. First Nations.”

This thing about the Federal Government carving out an exception for one Province  regarding Federal Clean Electricity Regulations is dubious in that it sets a precedent so that other Provinces could use it to seek ‘carve out’ for all manner of Federal Regulations . One can easily see Quebec using this carve out to get special Federal Favours , and likely other Provinces as well. 

Dangerous policy I should think.

See also

Politics

·11/12/2025·0

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So it seems to me that knowing that The Federal Government and The Alberta Government have staked a lot of political capital on this Agreement being a success and time is of the essence , the BC Government and The Coastal First Nations are well positioned to extract their own pound of flesh in ensuring this Agreement goes forward , substantial leverage in my view.

This is to say nothing of the linkage between the ambitious Pathways program and the Pipeline project—one in the agreement is conditional on the other going forward. This could be a tall order . This  for another submission. 

Right now I want to highlight what I see as substantial leverage by BC and The Coastal First Nations , neither party, neither Party very happy about being ignored up to now and then being expected to be very co-operative after the fact .