Bill 5 is built on the core…

Bill 5 is built on the core assumption that economic growth is slowed by respecting Indigenous peoples’ constitutional rights, public participation rights, environmental rights, and environmental and endangered species concerns. And that an undefined economic growth is the single most pressing provincial priority.

Bill 5 sends a message that people – particularly Indigenous people but also those who wish to participate in public decision-making, as is the norm in a democracy – do not matter. By ignoring Indigenous peoples’ s. 35 rights and the increasing application of UNDRIP around the world, while reducing opportunities for public consultation on public decision-making, Bill 5 pits people, the land and all its inhabitants against “economic growth.” This can be seen in the failure to mention Indigenous legal rights in Schedule 9, (not even the ineffective non-derogation clause found in Schedule 10) and the accompanying absolute discretion of the LGIC and Minister to designate special economic zones, trusted proponents and a class of such, designated projects and a class of such, without any legislated criteria. The reduction of public opportunities to participate in decision-making can be seen in Schedule 9 by allowing the Minster to exempt projects from municipal requirements (local government is most accessible to citizens), in the restrictions on public participation by removing the re-building of Ontario Place from the operation of the Environmental Bill of Rights (Schedule 8), and in the additional ministerial powers to issue orders without notice under amendments to the Mining Act (Schedule 5).

The message that people don’t matter is clear throughout Bill 5. Bill 5 protects public officials from civil liability for bad faith and corrupt decision-making (See Schedules 1, 5, 6, and 9 -- note that this expansion of protection for government is not new: the Ford government has been protecting itself from decisions made in “bad faith” throughout its legislative career by adding similar clauses in much legislation.) This means that citizens have no recourse if officials make decisions for improper purposes.

The proposed Species Conservation Act (Schedule 10) narrows definitions of habitat, and of harm and harassment of animals to nearly nothing, risking loss of sustenance and opportunities to exercise treaty rights for Indigenous communities, and impacting the benefits of healthy, sustainable habitat for all Ontarians. It also elevates Ministerial decision-making on designating species at risk over independent designation based on scientific and Indigenous traditional knowledge.

A sustainable economy is very important for Ontario’s future, however, there is no evidence that rushing through expanded landfill activities, undefined “designated projects” by undefined “trusted proponents”, mining and mining rehab approvals and construction of a spa, parking lot and “linked developments” at Ontario place, will lead to decently-paid jobs, nor to economic sustainability. It will lead to increased wealth for developers, landfill company owners, mining companies and spa-owners and incite a race to exploit “special economic zones”, as well as currently-protected conservation and heritage lands that will become open due to weakening protections for endangered species and for cultural heritage.

What Bill 5 will also lead to is expensive lawsuits as Ontario tries to defend the way this Bill tramples on and ignores Indigenous peoples’ constitutional rights. It is common sense to begin by respecting Indigenous peoples rights because they are core to our Constitution.

Bill 5 will also lead to loss of habitat for endangered species, and of those species which cannot be protected without habitat protection, and it will lead to the erosion of our recognized environmental rights (Schedule 8). The excessive government discretion to designate Special Economic Zones, without legislative guidance, will lead to loss of healthy habitat for human beings, including farmland and wetlands, and even loss of homes and villages, potentially on the edges of the GTA or in rural areas (Wilmot Township land assembly is an example of how economic growth is prioritized to the extent of forcing people out of their homes and farms -- see links below -- Bill 5 will just make this easier). Such losses are more likely in the far north, particularly if certain mining activities become “designated projects” led by “trusted proponents”.

Bill 5 will not protect Ontario, it will disenfranchise all Ontarians.
Thank you for the opportunity to comment on this bill.