In September 2026, the Government of Canada introduced Bill C-39, the Building Canada Strong Act. The Bill is the federal government’s latest effort to enact legislation to accelerate the pace of resource development in Canada.
Bill C-39 has been touted by federal officials as a prerequisite to strengthening Canada’s economy by attracting investment in large-scale resource projects. Unfortunately, it also marks the most recent example of the federal government prioritizing its economic agenda over the rights of Indigenous peoples.
Bill C-39
If passed into law, Bill C-39 will result in dramatic changes to the federal process for the review and approval of major infrastructure projects, including pipelines, highways, and nuclear facilities.
The proposed legislation would streamline federal reviews for major projects, impose a one-year legislative timeline on project approvals, and consolidate Crown consultation. It would also establish a process whereby certain projects can be pre-approved in geographic areas designated as “Regions of National Interest.”
Critically, the Bill makes no mention of the United Nations Declaration on the Rights of Indigenous Peoples or the principle of Free, Prior and Informed Consent. First Nations and Indigenous organizations have also raised serious concerns that the Bill will undermine consultation and sideline their inherent and constitutionally protected rights.
Bill C-39 passed second reading at the House of Commons last week. It is now being fast-tracked through a special senate committee rather than the typical standing committee review process. The Bill could receive royal assent as early as December 2026.
Photo credit: anderm (Shutterstock)
Why it matters
In the 1980s, Indigenous leaders and grassroots organizers fought a long, high-profile battle to ensure protections for Indigenous rights were included in the patriation of Canada’s Constitution. The result was section 35 of the Constitution Act, 1982, which “recognizes and affirms” the existing Aboriginal and Treaty rights of Indigenous peoples of Canada.
In the decades that followed, the Supreme Court of Canada issued a series of landmark decisions that clarify both the source and scope of those rights, and the Crown’s responsibilities to protect them. Taken as a whole, the decisions recognize that Indigenous peoples were here on the land long before colonization, that their legal systems continue to exist today, and that the federal and provincial governments have constitutional obligations to ensure those rights are recognized, protected, and respected.
Canada’s rush to enact Bill C-39 – and to hasten the development of resources which are subject to Indigenous peoples’ Aboriginal title, rights and Treaty rights – disregards the fact that passing new federal laws does not, and cannot, alter Canada’s constitutional obligations to Indigenous peoples.
Looking ahead
Only a few years ago, Canada made repeated, lofty commitments to achieving reconciliation with Indigenous peoples. In many cases, those public-facing statements failed to result in meaningful progress. At other times, they were accompanied by action, including the passage of the federal United Nations Declaration on the Rights of Indigenous Peoples Act.
Fast forward to 2026, and much has changed. Political and economic uncertainty, both domestically and south of the border, has led the federal government to shift its focus from restoring its relationship with Indigenous peoples to expediting the extraction of resources from Indigenous lands.
It remains to be seen whether Bill C-39 will be passed into law, and whether Canada intends to introduce further initiatives which undermine Indigenous rights in the name of economic security. What remains certain, however, is that constitutional protections for Indigenous rights will continue to exist regardless of the political landscape.
Canada cannot unilaterally develop resources on the lands of Indigenous peoples, nor can it use its legislative process to bypass its constitutional obligations. The federal government would do well to remember these fundamental principles as it rushes to enact Bill C-39.
Kate Gunn is partner at First Peoples Law LLP. Kate completed her Master of Law at the University of British Columbia. Kate is co-author of Indigenous Peoples and the Law in Canada: Cases and Commentary.
Contact Kate and connect with her on LinkedIn.
First Peoples Law LLP is a law firm dedicated to defending and advancing the rights of Indigenous Peoples. We work exclusively with Indigenous Peoples to defend their inherent and constitutionally protected title, rights and Treaty rights, uphold their Indigenous laws and governance and ensure economic prosperity for their current and future generations.
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