Ford government has underestimated resolve of First Nations with Bill 5: NDP MPP

Fraser Needham
7 Min Read
Ford government has underestimated resolve of First Nations with Bill 5: NDP MPP

An NDP MPP says the Ontario government under Premier Doug Ford has underestimated the resilience of First Nations. “First Nations are ready to defend their treaty rights, they’re ready to defend their Aboriginal title, they’re ready to defend their land,” Sol Mamakwa said, speaking from his Queen’s Park office on Thursday. “I think that’s something that the governments – their systems – will clash with our systems.” Ontario intends to designate the mineral-rich Ring of Fire as a so-called special economic zone “as quickly as possible,” Ford said on Thursday. Ford said he and several ministers will consult all summer with First Nations about the new law that allows the Ontario government to suspend provincial and municipal rules before making the designation. “We need to start moving on that,” Ford said of the designation for the Ring of Fire. Last week, Indigenous Affairs Minister Greg Rickford and Energy and Mines Minister Stephen Lecce said they would hold off on making the area a special economic zone until they had consulted with all affected First Nations. But Mamakwa said the Progressive Conservatives have a habit overstepping their authority, witnessing the public fallout and changing course and he hopes they do the same with Bill 5 by scrapping it and starting over. “I’ve been here seven years and I think there’s three or four times when I saw this government walk back, rescind the bill because of the public reaction,” Mamakwa, who is a member of the Kingfisher Lake First Nation, said. “I think perhaps this is one of them. You cannot unilaterally make decisions on our homelands.” The Neskantaga First Nation, a community in northern Ontario that will be effected by any development in the Ring of Fire, also weighed in with its opposition to the legislation on Thursday. “No outside government or nation can decide what will happen in our homelands,” Chief Gary Quisess said in a press release. “Any decision regarding laws that govern our homelands must go through our authority” “Ontario—under Canada’s own constitution—must obtain our free, prior and informed consent for projects that can fundamentally change our way of life,” the release goes on to say. “Do not forget: Canada recognizes our legal system and authority of our law. Not only through our constitutionally-protected Aboriginal and Treaty rights, but through Canada’s obligations to international law in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and of course through Treaty 9 itself.” The Anishinabek Nation, which said First Nations will be idle no more if Bill 5 passes, issued a statement on Wednesday. Bill 5 undermines the principles of lawful consultation, environmental due process, Inherent Rights, Aboriginal Title, and Aboriginal Treaty (protected) Rights—all of which are foundational to a stable and predictable investment environment,” said the statement. “While this Bill may promise short-term regulatory shortcuts, it will almost certainly result in long-term delays, legal battles, and reputational damage for companies involved.” The details of Bill 5 The law seeks to speed up the building of large projects, particularly mines. Ford’s government has committed $1-billion to develop the Ring of Fire. Three First Nations have signed various agreements with the province to help build roads to the region, as well as develop the area where it connects to the provincial highway system. However, First Nations across Ontario have risen up to protest the province’s new law, livid about what they describe as the government’s audacity to strip away any law it sees fit for any project at any time. They say it tramples their treaty rights and ignores their concerns. Read More:  ‘Diplomacy ends today’: First Nations warn of protests over Ontario mining law  The First Nations want to be part of development, including mines, but want to be equal partners with the province on the legislative side. They have warned Ford repeatedly that they will take the fight to the courts and to the land. Blockades of highways, railways and mines are on the table this summer, numerous First Nations said. “This is a once in a generation opportunity for our First Nations communities and I understand some may disagree, but I’ll tell you, a lot of them agree,” Ford said. Tensions have been high at the provincial legislature over the past few weeks because of the opposition to the bill. Dozens of First Nations members flew from the far north to Queen’s Park to watch the province pass Bill 5, the Protect Ontario by Unleashing Our Economy Act, on Wednesday. Security booted about a dozen of them from the legislature’s chambers for raining jeers down upon the politicians as they passed the bill into law. Mamakwa, the representative for Kiiwetinoong where the Ring of Fire is located, was also kicked out earlier this week for saying Ford was “telling untruths” to First Nations about his government’s plans for the Ring of Fire. There is plenty of opposition to the new law in addition to First Nations’ concerns. Critics also say the bill guts protections for endangered and threatened species. The legislature rose for its annual summer break and will not return until Oct. 20. With files from the Canadian Press. Continue Reading

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