First Nations leadership is calling on Premier Doug Ford and the Ontario government to put a stop to a newly-proposed bill that chiefs say would bulldoze the inherent rights of the Anishinabek and their existing treaty relationships with the Crown.
Robinson Huron Waawiindamaagewin (RHW) is publicly opposing Bill 5, which the political organization says will give extended powers to the province through the creation of “special economic zones” that would allow for cabinet to exempt selected proponents and projects from requirements under any provincial law or regulation.
This includes bylaws of municipalities and local boards that would otherwise apply in that zone — all while repealing the Endangered Species Act.
RHW spokesperson and Anishinabek Nation Regional Chief Scott McLeod told SooToday that Ford framing Bill 5 as a way of cutting red tape for infrastructure and resource development projects is a “gross understatement,” and that Ontario is essentially gutting environmental checks and balances while undermining the treaty relationship with First Nations in Robinson Huron Treaty territory.
“He's undermining the reality that Ontario, under the jurisdiction of Canada, inherited the treaty of 1850 from the British Crown, which laid out our relationship as title owners to the land and our willingness to share those resources,” McLeod said during a telephone interview Wednesday.
“He simply is moving forward on this as if Ontario owns the resources outright, and has no obligations to the treaties that are within Ontario.”
The tabling of Bill 5, known as the Protect Ontario by Unleashing Our Economy Act, has also triggered opposition from the Anishinabek Nation, a political advocate for 39 member First Nations representing approximately 70,000 citizens across the province.
The organization says the bill “reflects a dangerous and false narrative that presumes the Government of Ontario has unilateral authority to legislate over lands and resources without consultation or consent from the rightful Anishinabek title holders.”
“To allow lands of economic value that have been cited for development to be exempt from protective checks and balances, such as archaeological assessments and wildlife and ecosystem protections as proposed in this bill will cost First Nations and Ontarians profoundly, exposing and setting back species at risk protection and leading to the destruction of First Nation burial sites and artifacts,” Anishinabek Grand Council Chief Linda Debassige said in a release issued Tuesday.
“We cannot support increasing risk to the environment and further degradation to species diversity, or the further erasure of the historical existence of First Nations on our treaty lands.
"To allow Bill 5 to pass significantly increases the chances of conflict with Anishinabek First Nations when development projects and their proponents continually fail to understand the treaty relationship with the Crown. The delegated Crown consultation process to the proponent is a complete failure and has not adequately lived up to the honour of the Crown.
“The prioritization of non-Indigenous economic growth over First Nation lands and rights leads to further marginalization and creates an imbalance that cannot be supported and was not envisioned by our ancestors in the creation of treaties.”
The controversial bill passed second reading at Queen’s Park earlier this month.
“They're breaking their own laws by moving ahead with this — and not including First Nations — and developing a bill that looks at this area,” McLeod said.
“Really, they’re looking for a world of opposition from First Nations in Ontario that are not going to just sit idly by.”
In a statement provided to SooToday, Sault Ste. Marie MPP Chris Scott said Ontario — which includes regions like the Algoma District, with its active mining operations and resource potential — has to remain competitive in attracting and securing “job-creating investments” in the face of growing economic uncertainty and ongoing U.S. tariffs.
“The provincial government is focused on creating the conditions that allow businesses to choose Ontario with confidence, by removing unnecessary barriers, cutting red tape and ensuring we can move quickly on high-impact projects,” Scott said.
“We want to be clear, the proposed legislation is about unlocking Ontario’s true economic potential. The duty to consult obligation will not be compromised as part of this process.
"With geopolitical uncertainties, it has never been more important to work together with First Nations leaders and communities to be a jurisdiction where regulatory processes are reliable and competitive.”
Scott added that such projects are of “common interest for First Nations,” because they support “legacy infrastructure and economic opportunity” across the province.
“By working in true partnership with First Nations communities, particularly those located near major development opportunities, Ontario is building pathways towards lasting economic reconciliation the right way, together,” he said.
McLeod, on the other hand, noted that Ontario has yet to consult with First Nations leadership in Robinson Huron Treaty territory.
Bill 5 was recently referred to a standing committee, and will be discussed during a May 22 meeting that will be attended by McLeod, Debassige and former Batchewana First Nation Chief Dean Sayers, who also serves as a spokesperson for Robinson Huron chiefs.
“I think at the very least we're expecting that the committee will recommend that this be paused, until such a time where First Nations can be included in looking at the bill and and being able to communicate the concerns and impacts that are facing First Nations, to be able to to come up with something that is palatable to the First Nations in Ontario,” McLeod said.
“But essentially, there will be no progress without our consent — and you can't get our consent if you don't include us at the table.”
- with files from The Trillium