Mark Carney's push to expedite a major oil pipeline faces potential legal fight with First Nations - Toronto Star

The head of the Assembly of First Nations reacted to national-interest designation for the pipeline by noting 'we win in court.'

Prime Minister Mark Carney makes an announcement in Fort McMurray on Thursday Oct 1, 2026. Prime Minister Mark Carney declared the Pacific Link pipeline project to be in the national interest.

OTTAWA—Prime Minister Mark Carney’s push to expedite construction of a major oil pipeline to the West Coast could set up a potential legal fight with Indigenous communities, with the national chief of the Assembly of First Nations saying “nothing is off the table” if the government fails to properly obtain consent for the project.

The federal government must ensure that “free, prior, and informed consent is worked through together with First Nations” for all major projects, Cindy Woodhouse Nepinak told the Star on Thursday, “and so far, we’re not seeing that.” 

If that trend continues, Woodhouse Nepinak said, “First Nations will stand strong,” confirming that options she outlined in a July letter to federal cabinet ministers — including legal challenges — are being considered.

AFN National Chief Cindy Woodhouse Nepinak speaks to reporters following a meeting of Indigenous leaders with Canada’s premiers at the Council of the Federation meeting in Charlottetown on Tuesday July 21, 2026.

“We look forward to further discussion with our chiefs in assembly. But certainly, they’re always very strong on their rights and, you know, we win in court,” she said. 

Carney on Thursday announced that a proposed pipeline spanning Alberta to B.C. and carrying one million barrels of oil per day had become the first major project under his government to be deemed in the national interest. The designation was made under the Liberals’ controversial Building Canada Act — which allows certain laws and regulations to be circumvented — and paves the way for fast-tracking the pipeline’s development, with the aim of allowing construction to begin as early as September 2027. 

The project has already sparked concern from First Nations over the pace of development and lack of meaningful consultation and consent, with the AFN recommending against a national-interest designation “until meaningful engagement and decision-making protocols have been fully considered.”

Carney and government officials, however, have downplayed those concerns, with the prime minister declaring Thursday that “rigorous consultations with more than 130 Indigenous communities” already started this summer, and that more will begin as Ottawa and Alberta — owners of the new pipeline, with the private company Pembina Pipelines taking a minority stake — work out the precise route and other details. 

Energy and Natural Resources Minister Tim Hodgson in the House of Commons on Parliament Hill in Ottawa on Wednesday, Sept. 23, 2026. 

“We’re developing this pipeline with Indigenous peoples, involved from the start,” said Carney, who added that communities will be offered a minimum 10 per cent ownership stake. “This is the start of that development.”

In an interview with the Star, Natural Resources Minister Tim Hodgson said all of the details about the route and important accommodations will be worked out over the next year as the government puts together a conditions document outlining exactly how the pipeline will be constructed.

“We’re building the details together with Indigenous people as opposed to coming to them with a fully baked cake,” he said.