Nine First Nations in Ontario have launched a legal challenge against two recent laws in Canada, one at the provincial level, the other at the federal level. The legislation, Bill 5 and Bill C-5, would fast-track resource development across Ontario and across Canada, bypassing existing environmental and other laws. Indigenous leaders say the laws have no respect for First Nations.
The laws were passed quickly in the Ontario legislature in Toronto and the House of Commons in Ottawa. For weeks, First Nations leaders and environmental groups have voiced their opposition to the new laws. Now, a group of Ontario First Nations is asking for an injunction against the laws, saying they represent a clear and present danger to sovereignty and respect to lands.
Chief June Black is with the Apitipi Anicinapek Nation. She said First Nations have a sacred responsibility to protect the land.
“Bill 5 and Bill C–5 are pieces of legislation that attempt to bulldoze over First Nation rights and lands, with no respect for our decision-making and jurisdiction,” Black said. “Ontario and Canada should be working together with us on decisions that are made on our land. First Nations have a right to self-determination, which is affirmed by the United Nations Declaration on the Rights of indigenous Peoples.”
Bill C-5 would allow Ottawa to grant approvals for projects that are seen as being in the national interest, including mines, ports and pipelines, by going around existing laws. Ontario’s Bill 5 would allow the provincial cabinet to suspend provincial and municipal laws by the creation of special economic zones.
Cindy Woodhouse Nepinak is the national chief of Canada’s Assembly of First Nations. Nepinak takes exception that there was no consultation with First Nations before the bills were passed.
“Rushing through a bill from start to finish in twenty days and giving five minutes in the Senate and five minutes in the House of Commons was very disheartening,” Nepinak said. “I think there was a lot of leadership that was here wanting to help strengthen the bill or make it better or oppose it. We shouldn’t be scared of those voices of diversity in Canada.”
That’s echoed by Chief Black, who adds that Canada and Ontario cannot make unilateral decisions about developments and major projects on Indigenous territories.
“Speeding through projects and exempting projects from authorizations and approvals is far from honorable,” Black said. “Approving projects without the consent of First Nation peoples, who have been on this land forever, is even less honorable. These bills from Ontario and Canada show that the crown has no interest in reconciliation.”
Prime Minister Mark Carney was asked about the legal challenge during a news conference in Hamilton on Wednesday. He said talks with First Nations rights holders would begin that afternoon and then again on Thursday.
“That engagement about the modalities of how this can work, how we work together. What are the priorities/that are before any consultation on any specific project, and also before, even if there is a project, or when projects are identified, projects around the conditions around those projects must be fulfilled around them to be built and then moving forward from that,” Carney said.
In their legal challenge filed earlier this week, First Nations leaders argue Bill 5 authorizes the Crown to unilaterally ram through projects without any meaningful engagement. For his part, Premier Doug Ford said Ontario has begun productive conversations with First Nations, noting they will continue throughout the summer.
