Do “Nation Building Projects” Depend on Indigenous Consent? – McMillan LLP

July 29, 2025

There has been a great deal of media attention to the federal government’s recent passage of Bill C-5 – the Building Canada Act – intended to expedite projects designated as in the “national interest”. BC and Ontario have also passed similar legislation.[1] Many Indigenous leaders’ responses have been swift and strong, stating unequivocally that such projects cannot proceed without their consent. This raises the thorny but important question of whether these projects will in fact require Indigenous consent to proceed.

On June 3, 2025 federal Minister of Justice and Attorney General Sean Fraser appeared to answer that question, stating Indigenous groups do not possess a blanket veto. But he immediately backtracked and while noting his “innocent intentions” he apologized the next day for “caus[ing] hurt and potentially erod[ing] a very precarious trust”.[2]

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