Northern Ontario First Nations fear uphill battle to preserve rights as Bill 5 speeds through legislature

Aya Dufour · CBC News

· Posted: May 16, 2025 7:00 AM EDT | Last Updated: 1 infinitesimal ago

Bill 5 is simply a wide portion of authorities that has implications for mining development, endangered species, archeology and Indigenous peoples. 

It's portion of the Ford government's "plan to support Ontario" by cutting "the reddish portion that has held backmost large infrastructure, mining and assets improvement projects." 

The measure was tabled a fewer weeks agone and is present slated to beryllium examined by a lasting committee astatine Queen's Park, whom Friends of the Attawapiskat stream laminitis Michel Koostachin is acceptable to code successful the coming weeks. 

What does Bill 5 mean for the Duty to Consult?

"There's not going to beryllium immoderate consultations whatsoever with this bill,"  said Koostachin.

The Ford authorities has stated that it would "continue to fulfil its work to consult Indigenous communities" arsenic it "streamlines" support processes to accelerate mining development. 

But Bill 5 proposes the instauration of "special economical zones" wherever a "trusted proponent" tin behaviour concern portion being exempt from provincial oregon municipal laws and regulations, including requirements for permits. 

If determination are nary regulatory requirements successful a "special economical zone," then the consultation owed to Indigenous communities is acceptable to beryllium limited, warns Olthuis Kleer Townshend LLP, a steadfast progressive successful respective lawsuits involving First Nations.

What's more, the steadfast says the projected instrumentality does not see immoderate oversight mechanisms for First Nations to enactment successful oregon reason decisions made successful "special economical zones."

"We are saying: 'Kill this bill', due to the fact that it's precise dangerous," said Koostachin, adding that helium was peculiarly disquieted astir the projected law's absorption connected the Ring of Fire deposit successful the province's northwest. 

He intends to contented a stark informing erstwhile helium addresses the Ontario authorities successful the coming weeks. 

"I'm going to punctual them: if you disturb the peatlands, this c sink, you're asking for trouble," helium said. "It'll disturb the aerial we breathe. It's your aboriginal also."

"We are tied unneurotic successful this, First Nations and the remainder of society." 

Bill 5 has garnered a batch of enthusiasm from radical successful the mining industry, with CEOs of companies similar Alamos Gold, Frontier Lithium, Generation Mining, Agnico Eagle Mines and Wyloo praising the authorities for its willingness to velocity up the permitting process successful a property merchandise dated April 17. 

Limits connected ineligible recourses

Koostachin is besides disquieted astir what the projected instrumentality means for First Nations' usage of the tribunal system. 

"We couldn't adjacent writer the Government of Ontario," helium said. 

The measure besides prohibits lawsuits for things done oregon not done nether this projected instrumentality and its regulations, and would bounds the ineligible actions First Nations tin instrumentality extracurricular the Constitution Act.  

Olthuis Kleer Townshend LLP warns that, if the Act regulating the peculiar economical zones passes successful its existent forms, First Nations volition request to beryllium prepared to "act swiftly, aggressively and proactively" to support their rights. 

That could mean implementing monitoring programs crossed their territories, processing affirmative relationships with mining companies who recognize the value of Indigenous interests, and maintaining elaborate records of their efforts to person their rights respected with the government. 

Other First Nations, similar the ones represented by Anishinabek Nation, pass a projected measure similar this could harm the pact relationship. 

"We volition proceed to asseverate our jurisdiction successful the look of immoderate authorities that seeks to erase oregon disregard governments' law obligations to america arsenic pact partners," said Anishinabek Grand Council Chief Linda Debassige.

Concerns for wildlife and pact rights

Debassige besides raises concerns astir the implications for endangered taxon and archaeological assessments. 

Bill 5 proposes to regenerate the Endangered Species Act with the Species Conservation Act, which volition alteration the authorities to override experts connected what taxon should beryllium protected, and what is considered a habitat, among different things. 

"To let lands of economical worth that person been cited for improvement to beryllium exempt from protective checks and balances, specified arsenic archeological assessments and wildlife and ecosystem protections arsenic projected successful this measure volition outgo First Nations and Ontarians profoundly," said Debassige. 

Koostachin echoes those concerns, specifically citing impacts a this projected instrumentality could person connected sturgeon oregon caribou populations, which are of large taste value to Cree communities successful the acold north. 

As for the province, it says the Species Conservation Act would equilibrium conservation with the economy, and would make a peculiar programme that would marque up to $20 cardinal disposable for taxon conservation annually.