The Bill 5 special economic…

The Bill 5 special economic zones proposal is far too vague; and the gaps in detail mean it could be used for some very undemocratic things. The three key terms (trusted proponents, vetted projects and special economic zones) are left to be defined later, and, equally importantly, the bill does not identify the list of applicable laws that can be exempted or altered by a cabinet minister.
What is clear in the wording of the proposal is that it:
- Applies to ALL municipal and provincial laws
- Applies to ALL the land in Ontario
- Applies to ALL industry sectors
- Applies for the foreseeable future

“The separation of powers is part of the foundational architecture of our constitutional order. It is a constitutional principle which recognizes that the three branches of government have different functions, institutional capacities and expertise; and that each must refrain from undue interference with the others (Fraser v. Public Service Staff Relations Board, 1985). The separation of powers allows each branch to fulfill its distinct but complementary institutional role without undue interference and to create a system of checks and balances within our constitutional democracy (Ontario v. Criminal Lawyers’ Association of Ontario, 2013).”

The separation of powers and the balance of power between the branches was designed to maintain a healthy democracy. The legislative branch passes laws, the executive introduces and implements them, and the judicial interprets them. Bill 5 allows the executive to have complete control over which laws are exempted and for whom, thereby usurping the role of the legislative branch and judiciary. This gives cabinet ministers carte blanche to control Ontario.

We have laws to provide safety and fairness for all. When tabling new laws they are discussed and debated and stakeholders consulted to make sure the laws are safe and fair. Allowing a single cabinet minister to decide that a certain law no longer applies in a zone does not give time for due consideration. The process for cancelling or altering that law suddenly involves no review at all, unlike the process that was involved in the passing of that law. Allowing that minister to alter a law that is not in their area of expertise is also a really bad idea. The premier’s office has said “we are maintaining high environmental standards, labour laws and duty to consult.” A press release is not the same as a law. If we are to believe this, it must be part of Bill 5.

Please, remember this maxim: Power tends to corrupt, and absolute power corrupts absolutely. (Lord Acton 1887). There is no emergency at hand that makes such an Orwellian, draconian and megalomaniac bill necessary. There is no war on and the pandemic is over. Yes, we have economic uncertainty, but a better way to deal with that is working with all the players to develop new policies. This power-grabbing bill is very similar to what is going on in the USA as President Trump, and key players in his administration override Congress and usurp functions of the judicial and legislative branches.

Here are the words of Duff Conacher, Co-founder of Democracy Watch:
“The bill is dangerously undemocratic as it proposes to give the Ford cabinet unconstitutional, king-like powers to change any law without a review or vote of approval by Ontario’s legislature, and also proposes to prohibit anyone from going to court to challenge the cabinet’s abuses of power.”

Here are my words: The special economic zones proposal of Bill 5 is essentially negating all of our provincial and municipal laws! That is in the direction of anarchy. The concentration of power in the hands of cabinet ministers and their ‘trusted proponents’ is in the direction of oligarchy. The people of Ontario want to keep their democracy and the rule of law. Please listen to them.