I believe that Bill 5 would…

Hello,

I have grouped my concerns into several categories for ease of viewing. The title of each is marked with an asterisk (*) as seen below.

As an overview, I believe that Bill 5 would be harmful to our province as it would allow the premier and cabinet to circumvent the proper procedures and regulations around resource exploitation. More importantly, it would allow future premiers and cabinets the same lack of process, and they may not share the motivations of the present government. It would be catastrophic for the rights of Indigenous Peoples, and lead to criminalization, and it would be catastrophic for the environment.

* Northern Ontario Exploitation

The creation of “Special Economic Zones” in which the government would not be required to follow local regulations, would allow the premier and cabinet to disregard municipal and local concerns, and exploit the resources of Northern Ontario, without consulting with, compensating, or giving advance notice to, residents of Northern Ontario.

Bill 5 would allow the government to utilize resources critical to Northern Ontario, cultures and ecosystems, such as forests, lakes, and minerals, without giving proper compensation to residents of those areas.

* Consolidation of Executive Power

The provisions of this Bill would allow for the premier and cabinet to unilaterally control resource development, and sidestep the regulations put in place by legislature and by municipal governments and local communities.

As a consequence, the Executive would have the power to ignore local protests, and take control of resources and lands around any community in Ontario, against their wishes. This could seriously impact the landscape and environment of these communities.

Remember, this is not only the current premier and cabinet but also all future executives in Ontario. Even if you think that the current premier will use this power responsibly, are you willing to write a blank cheque to all future premiers to use the same power?

* Bill 5 goes against the principles upheld by the Conservative Party of Canada.

The CPC has historically stated that it is committed to standing against consolidation of power in the executive, in other words, standing against “big government.”

Despite this, our Conservative premier has proposed to give the executive, (premier and cabinet), the power to unilaterally override the laws and regulations of local, municipal, and provincial governments, and ignore their legal obligations to the public and to Indigenous Peoples. This is the definition of "Big government"

Putting this much power exclusively in the hands of the premier and cabinet, taking it away from the the people and legislature of Ontario and municipal and local governments, goes against the ideals the Conservative Party is meant to uphold, and which the people of Ontario voted for in the last provincial election.

Again, future premiers may not share the ideals of the current one, so it does not matter whether you believe that the current premier will use this power responsibly, because every future premier would have the same unilateral power to override the people, regardless of their ideals or party.

* Stealing resources from First Nations

Bill 5 would allow cabinet to take unceded land and resources therein from Indigenous Peoples, many of whom depend on the land both culturally and for continued survival. Indigenous Peoples and other inhabitants of the land would not be consulted, give consent, or allowed to seek legal recourse.

By any definition, this would constitute colonialism, and allow dispossession of Indigenous Peoples’ lands and property, in much the same way that Indigenous Peoples have been driven from their property and lands by the original colonizers.

This would directly contravene the stated principles of the Conservative Party surrounding Truth and Reconciliation, as well as our collective commitment to the 94 Calls to Action.

Do we, as a people, want to be looked at in the history books in the same way that the original colonizers are now? As participating and benefitting from thievery and murder? I do not.

* Bill 5 is Unconstitutional

Treaty Lands
Bill 5 would allow the cabinet to exploit resources on Treaty Lands without abiding by the terms laid out in the Treaties, effectively ignoring their legal obligations to Indigenous Peoples as laid out in the Treaties and affirmed in Section 35 of the Constitution Act (see supporting links).

Thus, the Bill is, by definition, unconstitutional.

2. Unceded Territory
This bill would allow the Ontario Government to exploit land in unceded territories which belong to Indigenous Peoples. The government would not have to obtain consent or provide any remuneration.

Many Indigenous Peoples depend on their land, and the animals and plants within, for survival. To steal or greatly harm these lands, and the animals that live there, would not just be taking away legal property, without compensation, but would cause actual deaths and poverty.

Under this Bill, Indigenous Peoples would have no legal way to protest the dispossession of their property. Because of this, they would inevitably be forced to use extralegal means of defending their livelihoods, and legal property, which would inevitably lead to arrests and criminalization of Indigenous people, who are left with no other choice to defend their legal and traditional property.

This would drive a wedge in the Ontario population in a time when we need to come together more than ever.

Indigenous Peoples continue to preserve these lands today, as they have from time immemorial, and are the legal owners of unceded territory according to both Canadian and Indigenous law, as enshrined in The Royal Proclamation of 1763, as seen below.

“...it is just and reasonable, and essential to our Interest and the Security of our Colonies, that the several Nations or Tribes of Indians, with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to, or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.”
- George R, Proclamation, 7 October 1763 (3 Geo III), reprinted in RSC 1985, App II, No. 1.

Because the bill violates the Constitution of Canada, and the Royal Proclamation, it could be argued that the bill as written is, by default, unlawful, and cannot be enacted legally, nor defended in court.

* Environmental Disaster

This Bill would remove all meaningful protections to endangered species in all of Ontario, which would allow the government, as well as the private sector, to destroy and pollute habitats near and dear to the hearts of Northern communities, such as our forests, lakes, and rivers.

Sacrificing our beloved lands and waters in response to Donald Trump’s implausible economic threats would be like giving in. We cannot resist the US by becoming more like them, sacrificing our environment and long-term national pride and health, over short-term economic threats.

We should hold on to what makes Canada unique; our beautiful country, our natural beauty, and the forests, waterways, and respect for our various peoples that make Canada “home”.

Will we destroy our national identity at the first sign of economic trouble, or at the words of a US president? Or will we maintain our cultural pride and uphold the environment that makes us who we are.

To do so would be to destroy our very identity, to spit on what makes us Canadian, by following the same path that led our neighbours to financial and cultural ruin.

Thank you for your time.