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Winnipeg Free Press
15-07-2025
- Politics
- Winnipeg Free Press
First Nations to launch legal challenge against Ontario, federal bills 5 and C-5
TORONTO – Lawyers representing nine Ontario First Nations say they are launching a constitutional challenge against provincial and federal laws meant to fast-track infrastructure projects that the Indigenous communities say infringes upon their rights. Details of the legal challenge have not yet been made public, but the lawyers say they will reveal more at a press conference on Wednesday. The federal Bill C-5 allows cabinet to quickly grant federal approvals for big industrial projects such as mines, ports and pipelines by sidestepping existing laws, while Ontario's bill allows its cabinet to suspend provincial and municipal laws through the creation of so-called 'special economic zones.' Chief Sylvia Koostachin-Metatawabin of Attawapiskat First Nation, one of the communities involved in the legal challenge, says in a press release that governments are playing a dangerous game with her people's lands and their futures. Chief Todd Cornelius from Oneida Nation of the Thames says the First Nations involved in the challenge are not against all development, rather this is a battle between 'doing things recklessly and doing things right.' Both the federal and Ontario governments have said their laws are tools to counteract the effects of U.S. President Donald Trump's tariffs by allowing Canadian development, such as natural resource development, to proceed more quickly. This report by The Canadian Press was first published July 15, 2025.
Cision Canada
15-07-2025
- Politics
- Cision Canada
First Nations Launching Major Constitutional Challenge to Kill Bill 5, the Ford Government's Megadevelopment Law and Bill C5, Canada's Megaprojects Law
TORONTO, July 15, 2025 /CNW/ - Several First Nations from Ontario have brought fast track litigation in Superior Court to Kill Bills 5 and C5 on the basis that they severely threaten their rights to self-determine their ways of life on their homeland territories, the environment and fundamental human freedoms. Both of "the 5s" were introduced to push forward massive economic developments without the necessary information to understand and address what could be serious negative impacts, and without including First Nations – whose lands these projects would be built on and take up – in much if any of the decision-making process. The waiver of protective rules and the ignoring of First Nation rights, means that these Bills are unconstitutional and must be struck down. "These laws authorize the Crown governments to approve on a fast track major projects like Ring of Fire mining and pipelines, by short circuiting the need to get critical information about human and environmental safety and impacts and without involving the very peoples whose lands these projects would eat up," says Alderville First Nation Chief Taynar Simpson. "Our case is not a fight against development, it is a fight against dangerous development pushed ahead by factless, thoughtless and reckless decision making from government Ministers behind closed doors with little accountability." "We First Nations are not against development per se. This is not about a battle between development and not," says Chief Todd Cornelius from Oneida Nation of the Thames. "It is about doing things recklessly and doing things right." Both Bill 5 (provincial) and Bill C5 (federal) would authorize major projects without the need for proponents to apply for or get various permits and approvals, such as for environmental assessment, environmental protection, water taking, endangered species protection, cultural heritage assessment and the like. "Rushing headlong into major projects without knowing the costs, means the governments are playing a dangerous game with our lands and futures. In the Ring of Fire area, this could be disastrous. That region is peatlands, which is a globally critical carbon sink that must stay intact if it is to counter climate change. If parts of it are destroyed through mining and infrastructure, this could unravel the whole thing, and that would be catastrophic," says Attawapiskat First Nation Chief Sylvia Koostachin-Metatawabin. "Our way of life, our children's futures, and our shared environment which is the basis of all life, is not a pawn in some political game." "The Crown governments are using the Trump tariffs as an excuse to say that all of this development is suddenly urgent. But these tariffs are not likely to be around forever and may well be gone before anything can be built even on an expedited basis," says Chief Sheri Taylor of Ginoogaming First Nation. "Panicking over the short term is not a reason to sacrifice the very values Canada says it holds dear and long term viability of lands and people. If Canada and Ontario are so worried about threats to Canada from a bullying US President whose administration has been stripping human rights protections, then why are Canada and Ontario supposedly answering those threats with their own laws that bully First Nations and strip human rights and environmental protections here? Would that not make this country the very thing we are trying to avoid being imposed on us?" Chief June Black of Apitipi Anicinapek Nation says, "Bill 5 and Bill C5 are severe setbacks in the relationship between First Peoples of this land from whom far too much has been taken already and who are trying to get some of that back. We have the right to pursue our ways of life on our lands including to be part of the decision making about major developments that would take land and choices away from us. We should be moving toward a shared future and not a dictatorial one." For further information contact: Kate Kempton, Senior Counsel, Woodward and Co. Lawyers LLP Email: [email protected] Phone: 416-571-6775 Lina Santana Email: [email protected]) Phone: 647-472-6838 SOURCE Woodward & Co.
CBC
09-06-2025
- Politics
- CBC
Lack of consultation means Ontario's Bill 5 oversteps treaty obligations, Oneida chief says
Social Sharing Oneida Nation of the Thames Chief Todd Cornelius had hoped that the days of Canadian governments passing laws that affect Indigenous communities without consulting them were in the past. Then Ontario's Bill 5 happened. Cornelius said the sweeping bill — which became law Thursday — violates signed treaty provisions that requires consultations with Indigenous groups, he wrote in a statement released Wednesday. "This is not only a political failure, it is a betrayal of the relationship between the Crown and our Nation," said Cornelius. Passing the bill without sufficient consultation amounts to the Ontario government breaking the series of agreements the Haudenosaunee (also known as the Six Nations and Iroquois League) signed with the Crown prior to Confederation, known as the Silver Covenant Chain, he said. "At this moment, the chain has been deeply tarnished," he said. Bill 5, also known as the Protect Ontario by Unleashing our Economy Act, includes major changes to the province's endangered species and environmental protection laws. The bill creates "special economic zones" which override provincial and municipal laws for certain projects. Premier Doug Ford has said the Ring of Fire mineral deposit in northern Ontario and his proposed tunnel under Highway 401 would be given that special status under the proposed law. Cornelius, however, said he's concerned that in an attempt to clear the way for economic development, Bill 5 negates environmental protections that are important to people in Oneida. "Oneida will not participate in a processes that diminish its sovereignty," he said. "Oneida is a nation, not a municipality or a stakeholder under Ontario law." Cornelius said he's ready to meet with representatives of the Crown — in this case the Governor General. CBC News contacted the office of Governor General Mary Simon for comment Friday, but did not receive a response. Oneida is not the first Indigenous community in Ontario to speak out against Bill 5. Among the outcry were protests at Queen's Park over the past week. Facing pressure, the government did add "duty to consult" provisions to the bill. At Queen's Park Wednesday, Indigenous Affairs Minister Greg Rickford said the duty to consult provision is being put forward to provide "greater certainty" despite it referring to existing Constitution rights for First Nations. Rosalind Antone, a member of Oneida's elected council, was one of more than 30 members from Oneida who travelled to Queen's Park this week to protest the bill. About 20 of those who came were youth members.
