Wabauskang First Nation…

Wabauskang First Nation strongly opposes Bill 5, Protect Ontario by Unleashing our Economy Act, 2025, which proposes sweeping legislative changes that directly threaten Indigenous rights, environmental protections, and the integrity of Crown–First Nation relations in Ontario.
As currently drafted, Bill 5 represents a fundamental departure from the province’s constitutional and moral obligations to Indigenous peoples. It undermines Section 35 rights under the Constitution Act, 1982, and disregards the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including the right to free, prior, and informed consent (FPIC).
Wabauskang First Nation was not consulted at any stage during the development of Bill 5. Despite the bill’s wide-reaching implications for land use, mining, environmental law, and cultural heritage, the Government of Ontario has failed to fulfill its legal duty to consult and accommodate Indigenous communities.
The proposed Special Economic Zones (SEZs) would allow entire regions to be exempt from provincial laws and oversight. The bill provides no clear framework for how these zones will be designated or governed, and there are no requirements for consultation or consent from Indigenous Nations. This creates the risk of unregulated development directly impacting Wabauskang’s traditional territory, without regard for our rights, values, or governance systems.
The replacement of the Endangered Species Act, 2007 with the Species Conservation Act, 2025 significantly weakens Ontario’s environmental oversight. Under the proposed legislation:
• Political actors will determine which species receive protection;
• The definition of “habitat” is narrowed, reducing the scope of areas eligible for conservation;
• Developers are allowed to begin activities before obtaining formal approval, reversing the precautionary principle that should guide environmental regulation.
This new framework places development ahead of biodiversity and ignores the deeply interconnected relationship between Indigenous peoples and the land.
Changes to the Mining Act would allow the Minister to unilaterally fast-track mining projects, without any public criteria or required engagement with Indigenous Nations. This threatens the rights of Wabauskang First Nation to determine how our lands are used and undermines our ability to protect watersheds, wildlife, and cultural values tied to our territories.
The proposed amendments to the Ontario Heritage Act give Cabinet the power to exempt infrastructure projects from archaeological assessments. The current legislation already provides minimal recognition of Indigenous heritage—mentioning “Indigenous” only once—and Bill 5 would further erode safeguards for sacred sites, burial grounds, and cultural landscapes.
Bill 5 contains multiple “no cause of action” clauses that seek to shield the government and project proponents from legal accountability. These provisions are designed to block First Nations from pursuing justice when rights are infringed, undermining the rule of law and constitutional protections.
Bill 5 is fundamentally at odds with Ontario’s public commitments to reconciliation. It prioritizes deregulation and ministerial discretion over Indigenous rights, environmental responsibility, and partnership-based governance. The bill reflects a unilateral, top-down approach that disrespects the legal and historical relationship between First Nations and the Crown.
Wabauskang First Nation supports economic growth that respects our rights, protects the land, and proceeds through fair and transparent processes. However, development that is imposed without consent, weakens legal protections, and removes our ability to defend our rights is unacceptable.
We call on the Government of Ontario to:
1. Suspend the legislative process for Bill 5 until meaningful consultation with affected First Nations has taken place;
2. Commit to co-developing any future policies related to SEZs, mining, or conservation on Indigenous territories;
3. Ensure that SEZ designations and major project approvals are subject to consultation, accommodation, and the right to withhold consent;
4. Remove all provisions that block legal recourse or enable unchecked ministerial power, ensuring that Indigenous Nations maintain access to justice and meaningful participation in decision-making.
Bill 5, in its current form, represents a direct threat to Indigenous rights, environmental stewardship, and the Crown’s legal and ethical obligations. Wabauskang First Nation rejects this approach and demands that the Government of Ontario work with us—not around us—if it seeks to create a just and sustainable future.