First Nations group warns of possible GO train delays from environmental assessments

A First Nations group is warning that GO transit service may be disrupted this fall as it conducts environmental assessments along some rail lines in the GTA operated by Metrolinx.

The Haudenosaunee Development Institute, which represents the Haudenosaunee nations living in southern Ontario, said beginning Sept. 20 it is planning to conduct its own environmental assessments to understand how Metrolinx operations are impacting recognized treaty rights."

While the group says it is not looking for a confrontation, it recognizes that the assessments will necessarily cause delays to Metrolinx services," which it hopes to minimize. Assessments will start on the GO train line from Toronto to Hamilton.

The institute said Metrolinx, the provincial agency that oversees GO transit, and the province failed to obtain consent to build rail lines through its territories. Metrolinx is refusing to fund negotiations with First Nations about current and future rail lines on their lands, making any negotiation or discussion impossible."

In 2020-21, Metrolinx invested approximately $4 billion to deliver several key milestones in the GO expansion, rapid transit and subway programs," the Haudenosaunee institute said in a statement. Despite the overwhelming amount of resources dedicated, none of the money has been committed to a fair and equitable approach to engagement with First Nations."

In a statement, Metrolinx said it is committed to engaging and consulting with Indigenous communities."

Part of this engagement includes providing funding to First Nations to support engagement and participation on project activities," wrote chief spokesperson Anne Marie Aikins.

Within the last month, Metrolinx has approved new project-specific funding to support engagement and participation for First Nations communities for proposed and existing transit projects."

The Haudenosaunee said that Metrolinx has provided funding for monitors representing the nations to supervise environmental assessments the transit agency is already undertaking on specific projects. But what the First Nations group is looking for is support for a broader conversation about how Metrolinx is using Haudenosaunee land.

The Haudenosaunee consider Toronto, Hamilton and other parts of Southwestern Ontario to be traditional territories, governed by the Haldimand Tract and the 1701 Nanfan Treaty.

Metrolinx is using treaty lands, and there's no benefit flowing to the holder of the treaty rights," said Aaron Detlor, spokesperson for the Haudenosaunee Development Institute. He said his group wants to discuss with Metrolinx how the Haudenosaunee could benefit from its operations - for example, by asking the transit agency to build transportation infrastructure to the Six Nations of the Grand River reserve.

The Haudenosaunee cited Hydro One's agreement with local First Nations, which beyond just recognizing Indigenous lands, gives back to communities through shares in the company, jobs and investments.

But in refusing to financially support negotiations, Detlor says Metrolinx is creating an imbalanced playing field.

They want to sit down at the table while they have engineers, lawyers, executives, managers, admin assistants, while the Indigenous people have nothing."

Detlor said the Haudenosaunee are looking for $300,000 from Metrolinx to assist with a technical review of planning documents and to facilitate internal consultations with the community.

Lorraine Land, a partner at Olthuis Kleer Townshend LLP who's an expert in Indigenous land claims, said it's common for governments or industry to subsidize negotiations with Indigenous communities when building projects on their land.

The principle is that it shouldn't be up to Indigenous communities to subsidize somebody else's project," Land said.

For First Nations, assessing how a project is going to interact with their traditional lands takes time, resources, and often, outside technical expertise, Land added.

In Western and Northern Canada, it is generally accepted that consultation with Indigenous communities is fully funded, Land said, but in Ontario, that is often still not the expectation on the part of industry and government."

In a landmark 2017 case between Saugeen First Nation and the Ontario Ministry of Natural Resources and Forestry involving a dispute over a limestone quarry on Saugeen lands, an Ontario court ruled the Crown had a duty to fund consultations with the First Nation.

Lex Harvey is a Toronto-based transportation reporter for the Star. Follow her on Twitter: @lexharvs