Bill 5 – Threat to…

Bill 5 – Threat to Ginoogaming First Nation’s Rights and Homelands
Bill 5, and its Schedules 2, 3, 5, 7, 9, and 10, pose significant threats to the Inherent and Treaty 9 rights of Ginoogaming First Nation. Developed unilaterally by the Province of Ontario, this Bill disregards Indigenous rights and governance, including decision-making authority over lands and resources. It violates the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly Free, Prior, and Informed Consent (FPIC), which has been legally binding in Canada, and thereby in Ontario, since 2021.
The province’s failure to meaningfully consult Treaty 9 First Nations reflects a broader disregard for reconciliation. Ginoogaming, like many First Nations, requires an approach that goes beyond consultation—a co-development process grounded in government-to-government relationships, co-management structures, and true respect for stewardship responsibilities.
As an example of the harm this Bill would cause, the proposed repeal of the Endangered Species Act (ESA) under Schedule 10 would directly impact boreal caribou habitat in Ginoogaming's traditional territory. These lands, part of the Albany Moraine, are ecologically sensitive and hold deep cultural significance. Weakening protections could result in unchecked development in critical caribou calving grounds, undermining both biodiversity and Ginoogaming’s rights to maintain their stewardship practices.
Flawed Consultation Process
Bill 5 was released just before Easter weekend with only a 30-day consultation window, despite its complexity and sweeping implications. Both readings of the Bill were rushed. This reflects a failure to meet the standard of meaningful consultation and transparency.
Schedule 2 and 10 – Gutting Species Protections
These schedules seek to repeal the ESA and introduce the weaker Species Conservation Act (SCA). Key concerns include:
• Removal of recovery strategies in favour of vague “conservation” efforts.
• Narrowed habitat definitions, excluding critical life-cycle areas.
• Optional species listings at Ministerial discretion.
• Loss of protections for migratory birds and aquatic species.
• Elimination of the Species at Risk Stewardship Program, which has supported Indigenous-led conservation work.
• Stripping powers from enforcement officers, shifting to weaker mitigation orders.
• Loss of transparency, by removing public reporting requirements.
Schedule 3 – Ending Environmental Assessment for Eagle’s Nest Mine
This schedule proposes to halt the EA for Wyloo Metals’ Eagle’s Nest project in the Ring of Fire, impacting Ginoogaming's core homelands. New roads and transmission lines would cross ancestral lands without due diligence or consent, silencing Indigenous voices in decisions with enormous environmental and cultural consequences.
Schedule 5 – Fast-Tracking Mining Without Indigenous Consent
Changes to the Mining Act would centralize power in the hands of the Minister, bypassing Indigenous consultation, and reinforcing a broken claims system. Ginoogaming, like others in the region, would be left out of decisions that directly impact their ancestral homelands, eroding inherent aboriginal treaty rights to sustenance. We already face many threats to our ancestral homelands and immediate lands of sustenance south of our reserve which are frequently claimed without consultation and despite of court litigation.
Schedule 7 – Risking Sacred Sites
The proposed changes would allow exemptions from archaeological assessments, threatening Ginoogaming’s sacred sites. It would also introduce an immunity clause shielding the province and proponents from legal action when development proceeds without proper assessments.
Schedule 9 – Special Economic Zones Without Accountability
This new Act would enable Ontario to designate Special Economic Zones (SEZs) that override provincial laws for "trusted proponents" with no clear criteria or limits. This opens the door to unchecked development in Ginoogaming’s homeland, bypassing their governance and violating FPIC.

Conclusion
Bill 5, and Schedules 2, 3, 5, 7, 9, and 10, must be immediately withdrawn. They represent a clear violation of Indigenous rights, environmental protection standards, and the province’s stated commitment to reconciliation. Ginoogaming First Nation calls on Ontario to honour its legal obligations and work collaboratively to protect the land, waters, and future generations.