Ontario’s Bill 5, 'Protect Ontario by Unleashing Our Economy Act,' passed on Wednesday, granting the provincial government sweeping powers to disregard its own laws in 'special economic zones' to fast-track mining and other projects. This has ignited significant conflict with First Nations leaders who were not consulted, warn of protests, and argue it undermines treaty rights and the duty to consult. The bill also rewrites endangered species legislation and loosens rules around Indigenous archeological sites.
Ontario’s Bill 5 has passed. Here’s why it has sparked conflict with First Nations
Canada
AI Summary
TL;DR: Key points with love ❤️Ontario’s Bill 5, 'Protect Ontario by Unleashing Our Economy Act,' passed on Wednesday, granting the provincial government sweeping powers to disregard its own laws in 'special economic zones' to fast-track mining and other projects. This has ignited significant conflict with First Nations leaders who were not consulted, warn of protests, and argue it undermines treaty rights and the duty to consult. The bill also rewrites endangered species legislation and loosens rules around Indigenous archeological sites.
Trending- 1 1905: Treaty 9 was signed.
- 2 1982: Section 35 of the Constitution embedded treaty rights.
- 3 1980s: Court rulings recognized the 'duty to consult and accommodate' First Nations.
- 4 Past 20 years: Landmark Supreme Court of Canada rulings strengthened the consultation obligation.
- 5 2012: Federal Conservative government legislation sparked the 'Idle No More' protest movement.
- 6 2016: Canada fully signed onto UNDRIP.
- 7 2018: Supreme Court ruled against the Mikisew Cree First Nation regarding consultation before legislation.
- 8 2021: Federal legislation began the implementation of UNDRIP.
- 9 Wednesday (recent): Ontario’s Bill 5 passed.
- 10 Recent days: Opposition to Bill 5 mounted from First Nations.
- 11 Summer (future): Consultations promised on regulations for Bill 5.
- 12 Ongoing: The Treaty 9 case is working its way through the courts.
- Potential for accelerated mining and other resource projects in Ontario
- Suspension of provincial laws (environmental, labour, municipal bylaws) in designated zones
- Increased conflict and potential protests/blockades from First Nations ('Idle No More 2.0')
- Changes to endangered species legislation and rules for Indigenous archeological sites
- Ongoing legal challenges regarding treaty rights and the duty to consult
What: Ontario's Bill 5 (Protect Ontario by Unleashing Our Economy Act) passed, giving the provincial government broad powers to suspend laws in 'special economic zones' to accelerate resource projects. This has led to conflict with First Nations who were not consulted and are warning of protests.
When: Passed on Wednesday; court rulings on duty to consult date back to the 1980s; Section 35 of the Constitution in 1982; Supreme Court rulings in the past 20 years; Mikisew ruling in 2018; Canada signed UNDRIP in 2016, federal legislation in 2021; Treaty 9 signed in 1905.
Where: Ontario, Canada; Ring of Fire region (Northern Ontario); British Columbia (also pushing to accelerate projects).
Why: The government aims to speed up major resource projects to boost Ontario's economy, especially in critical minerals. First Nations oppose the bill due to lack of consultation, potential impacts on treaty rights, environmental concerns, and the undermining of Indigenous self-determination.
How: The legislation allows the designation of 'special economic zones' where provincial laws can be suspended for 'trusted proponents.' It also modifies environmental and archeological protection laws.