THUNDER BAY — The province’s Protect Ontario by Unleashing Our Economy Act and a similar federal bill are both “deeply flawed” and unworthy of support without corrective action, says the political organization for 49 First Nations in northern Ontario.
“Ontario’s Bill 5 and Canada’s Bill C-5 are deeply flawed pieces of legislation that have left First Nations out of the decision-making process about what happens in their territories,” a written statement sent by Nishnawbe Aski Nation to Newswatch on Friday said.
Bill 5 was the Protect Ontario act’s number as it passed through the required three readings and committee hearings in Queen’s Park. The sprawling legislation’s many parts included allowing the provincial cabinet to create “special economic zones” to fast-track projects.
First Nations opposed the legislation, with NAN Grand Chief Fiddler terming its introduction “an assault on our rights, our treaties and our lands.”
Nevertheless, Bill 5 passed final reading in the legislature on June 4 and received royal assent to become law the next day.
The federal Bill C-5, giving Ottawa the power to fast-track projects deemed “in the national interest," became law about three weeks later.
“NAN First Nations are rights holders to sacred treaties made with the Crown,” Friday’s statement continued. “We have always upheld them honourably and we expect the Crown, as represented by our provincial and federal treaty partners, to do the same. The Crown must respect our treaty relationship and our inherent and constitutionally protected rights. Anything less is imposition, not consultation.
“NAN First Nations will not accept Bill 5 or Bill C-5 until we see commitment to securing free, prior, and informed consent about any activity by government or industry in our territories.”
The statement came a week after Ontario’s economic development ministry held behind-closed-doors consultations on the Protect Ontario act’s provisions relating to special economic zones and archeological protections.
First Nations told Newswatch they received no invitation to the consultations, and Fiddler said Tuesday at a conference in northeastern Ontario that NAN was not invited.
Economic Development Minister Vic Fedeli said Wednesday in Toronto, however, that all First Nations were invited to the consultation sessions held in Thunder Bay, London, Sudbury and Toronto.
His press secretary and communications advisor, Jennifer Cunliffe, repeated that assertion in an email to Newswatch on Friday.
“As we take action to build a more competitive, resilient and self-reliant economy, Ontario is committed to fulfilling its Duty to Consult and providing opportunities for meaningful dialogue with Indigenous communities,” said her emailed statement.
“Invitations were sent to all Indigenous communities across Ontario last month to join consultation sessions led by ministry officials, aimed at having meaningful dialogue with Indigenous communities to support economic opportunities.”
NAN is the territorial organization for 49 First Nations in Treaty 9 and Treaty 5 lands across northern Ontario.