Treaty rights cannot be…

Treaty rights cannot be avoided
Section 35 of the constitution recognizes and affirms existing Aboriginal and treaty rights. Bypassing consultation with First Nations people would negate the duty to consult, and other responsibilities of the crown.

“Bill 5 will not change that. Constitutional responsibilities to First Nations will always take precedence over any particular law or regulation. Ontario will always need to consult and accommodate, and to respect the spirit and intent of the Treaties. If they fail in that, the courts will intervene. ”

( Bill Five: Risky Business in Ontario
https://www.oktlaw.com/bill-five-risky-business-in-ontario/ )

Constitutional Challenges
The creation of Special Economic Zones in Bill 5 could lead to constitutional and political challenges in matters involving Indigenous rights. Bypassing the constitution risks confrontational opposition that could undermine any claimed benefits of section 9.

By breaching constitutional rights, Bill 5 does not support the solid legal foundations a reputable investor would require in order to manage financial risk competently. The risk being that developers may not be confident that a project would not be stopped as a result of higher court interventions or confrontational political protest.

https://www.sootoday.com/local-news/first-nations-warn-of-conflict-if-o…

Selection of “trusted proponents” is arbitrary
Lack of objective criteria on the selection of “trusted proponents” by the premier and cabinet is anti-democratic. allows for politicization rather than optimization of economic opportunities.

Selected projects should have credible objective criteria for demonstrated value to the province and evidence that the proponent is competent, not merely “well connected”. This is a bare minimum requirement that would be expected in a meritocracy.

https://ccla.org/press-release/ccla-slams-ontarios-power-grab-in-bill-5…

Too many “regulatory overrides” will undermine business confidence
By overriding the power of municipalities, in order to “fast track” projects, there is a contradiction of the recent enhancement of powers given to some mayors. Why are some mayors being given more power to bypass regulations while at the same time cabinet is being given power to override municipal decisions in Special Economic Zones? A lack of business confidence could be the unintended consequence if proponents aren’t clear how decisions to accept projects are being made. Who has the power to accept a project and who has the power to override a project? Inconsistency and lack of clarity in processes could undermine business confidence.