Formal Comment on Bill 5 – A…

Formal Comment on Bill 5 – A Threat to Indigenous Rights, Governance and Environmental Protections
Overview
Bill 5 and its associated schedules (2, 3, 5, 7, 9, and 10) pose a significant and deeply concerning threat to the inherent and Treaty rights of First Nations in Ontario, particularly those whose lands and waters lie within Treaty 9 territory. Developed unilaterally by the Province of Ontario, the legislation reflects a dangerous shift toward deregulated development, without respect for Indigenous governance, environmental stewardship, or the rule of law.
Special Economic Zone Act (SEZA) – Unethical and Anti-Democratic
The introduction of the Special Economic Zone Act (SEZA) under Bill 5 is not only unethical but unconstitutional in its practical effect. It provides Ontario with sweeping, unchecked authority to grant “trusted proponents” the right to conduct virtually any activity in any area of the province—bypassing all provincial laws and regulatory oversight, including those related to health, safety, labour, and municipal governance.
Key concerns include:
• No transparency requirements or criteria for project approval or exemptions.
• Exemption from all provincial laws, including those protecting public health, safety, and labour rights.
• Elimination of due process and judicial oversight, undermining the separation of powers fundamental to democratic governance.
While SEZA does not explicitly extinguish rights under Section 35 of the Constitution Act, it does substantially limit the ability of First Nations and others to seek remedies for harms not directly tied to Aboriginal or treaty rights. For example, claims related to environmental degradation, financial harm, or violations of municipal laws may be barred. Environmental organizations, municipalities, and the broader public will be unable to legally challenge actions undertaken under SEZA, creating a precedent that dangerously concentrates power in the executive branch.
Violation of UNDRIP and FPIC
Bill 5 disregards the legal obligations of the Province of Ontario under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly the requirement for Free, Prior, and Informed Consent (FPIC). Since 2021, UNDRIP has been legally binding in Canada. The Bill’s unilateral development and lack of meaningful consultation violate both the spirit and letter of this commitment.
Environmental Threats and Erosion of Stewardship Responsibilities
This legislation undermines Indigenous stewardship by removing critical environmental safeguards. Of particular concern:
• Schedule 10: Repeals the Endangered Species Act (ESA), replacing it with the weak Species Conservation Act (SCA). This change:
o Eliminates recovery strategies.
o Narrows habitat protections.
o Removes automatic species listings.
o Abolishes the Species at Risk Stewardship Program, which has supported Indigenous conservation initiatives.
o Strips powers from enforcement officers and removes public transparency.
These changes would devastate ecologically sensitive areas, such as the Albany Moraine and boreal caribou calving grounds—territories with profound cultural and ecological significance to First Nations.
Schedule 3 – Ceasing the EA for Eagle’s Nest Mine
The elimination of the environmental assessment (EA) process for the Eagle’s Nest project in the Ring of Fire represents a direct infringement on Indigenous rights. The project and its associated infrastructure—roads, transmission lines, etc.—will traverse ancestral territories without proper diligence, review, or consent, ignoring both ecological and cultural impacts.
Schedule 5 – Undermining Indigenous Consent in Mining
Changes to the Mining Act would centralize decision-making authority with the Minister and remove Indigenous communities from the decision-making process altogether. This perpetuates a broken and colonial mining claims system, disregards court decisions affirming Indigenous consultation requirements, and undermines First Nations' rights to protect their lands of sustenance.
Schedule 7 – Endangering Sacred Sites
By exempting developers from archaeological assessments and providing legal immunity for any resulting harm, this schedule threatens sacred and historical sites vital to Indigenous identity and cultural survival.
Schedule 9 – SEZs Without Accountability
The legislation enables the creation of SEZs without consultation, criteria, or accountability. These zones would allow unregulated development on Indigenous territories, infringing on land governance and FPIC. The concept effectively creates “sacrifice zones,” putting communities without adequate infrastructure at increased socioeconomic risk.
Flawed Consultation Process
The release of Bill 5 just before Easter weekend with a narrow 30-day consultation window—despite its profound implications—represents a failure in duty to consult. Both readings of the bill were expedited, demonstrating a disregard for democratic process and Indigenous participation.
The Importance of Cumulative Effects Assessment
A fundamental flaw in Bill 5—and in Ontario’s broader approach to resource development—is its failure to consider cumulative effects. Evaluating projects in isolation, through a narrow "one project, one study" lens, obscures the broader and compounding impacts on ecosystems, cultural practices, and community well-being. For First Nations whose territories are already heavily burdened by industrial activity, the layering of mining, infrastructure, and land use changes without cumulative effects assessments leads to irreversible damage. The degradation of watersheds, loss of biodiversity, and fragmentation of cultural landscapes directly affect food security, mental health, and traditional economies. Without comprehensive, regional, and longitudinal assessments that account for interconnected environmental and socio-economic impacts, development decisions will continue to disproportionately harm Indigenous communities and undermine the long-term sustainability of both people and the environment.

Conclusion
Bill 5 must be immediately withdrawn. Its provisions collectively erode Indigenous rights, threaten fragile ecosystems, and undermine the province’s legal and ethical obligations under Canadian law and international human rights frameworks. The path forward must include:
• Co-development of legislation with Indigenous governments.
• Full respect for FPIC and Treaty obligations.
• Strong, enforceable environmental protections rooted in stewardship and sustainability.