Commentaire
I am writing to express my unequivocal opposition to Bill 5, Protect Ontario by Unleashing our Economy Act, 2025. This bill represents a sweeping and deeply troubling dismantling of Ontario’s environmental protection laws, Indigenous consultation processes, and public participation rights. I urge the Ontario government to withdraw this bill in full, particularly Schedules 2, 3, 5, 7, and 9, in line with the recommendation of Legal Advocates for Nature's Defence (LAND).
Legal Risks and Government Liability
In addition to the ecological and social harm this bill would cause, I believe it exposes the Government of Ontario to serious legal consequences:
Constitutional Challenges:
By removing or bypassing environmental assessments (Schedule 3) and enabling development without proper consultation (Schedule 9), Bill 5 may violate the Crown's duty to consult and accommodate Indigenous Peoples under Section 35 of the Constitution Act, 1982. Legal precedents such as Haida Nation v. British Columbia demonstrate that unilateral decisions affecting Indigenous land are subject to legal remedy.
Violations of UNDRIP:
The proposed changes ignore Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples, particularly with respect to Free, Prior, and Informed Consent. Schedules 3, 7, and 9 enable development in sensitive areas and on Indigenous lands without procedural safeguards, raising the risk of both domestic litigation and international human rights complaints.
Administrative Law Breaches:
The bill centralizes discretion in Ministers (e.g., over endangered species classifications, mining claims, and archaeological assessments), strips away advisory and independent oversight, and reduces transparency. These measures may be challenged in court as violations of procedural fairness and principles of natural justice.
Charter and Environmental Health Rights:
If these deregulatory provisions lead to environmental degradation that disproportionately affects marginalized or Indigenous communities, legal action may arise under Section 7 (security of the person) or Section 15 (equality) of the Canadian Charter of Rights and Freedoms.
Conflicts with Federal Law:
The repeal of Ontario’s Endangered Species Act and the exemption of projects from assessment (e.g., in SEZs) may bring Ontario into conflict with federal laws such as the Species at Risk Act or the Impact Assessment Act, inviting intergovernmental disputes or constitutional references.
Core Objections to Key Schedules:
Schedules 2 & 10: Replace mandatory species recovery with voluntary “conservation,” eliminate habitat protections, and politicize oversight. This will accelerate biodiversity loss and violate ecological stewardship obligations.
Schedule 3:
Cancels the environmental assessment for the Eagle’s Nest mine in Treaty 9 territory—this silences Indigenous voices and places an irreplaceable carbon sink at risk.
Schedule 5: Rewrites the purpose of the Mining Act to prioritize “economic protection” over health, nature, and Indigenous rights, while reducing transparency and removing legal recourse for the public.
Schedule 7: Enables government seizure of Indigenous artifacts without consent and waives archaeological assessments. This perpetuates colonial harms and violates UNDRIP provisions on cultural rights.
Schedule 9: Establishes Special Economic Zones exempt from provincial and municipal oversight, enabling private developments to proceed without due process or community input.
Ontario Must Uphold Its Legal and Ethical Commitments:
Ontario’s legislative choices must respect constitutional obligations, environmental law principles, and Indigenous rights. Bill 5 does the opposite: it prioritizes short-term private economic interests at the expense of biodiversity, Indigenous sovereignty, and long-term public interest. Its implementation would weaken legal safeguards, concentrate unchecked authority in Ministers, and erode trust in democratic institutions.
In light of these issues, I urge the Government of Ontario to immediately withdraw Bill 5.
Thank you
Soumis le 9 mai 2025 3:33 PM
Commentaire sur
Loi de 2025 sur les zones économiques spéciales
Numéro du REO
025-0391
Identifiant (ID) du commentaire
137488
Commentaire fait au nom
Statut du commentaire