9 First Nations challenge federal and provincial project laws in court

Nine First Nations in Ontario are launching legal action to try and stop two pieces of legislation they say threaten their right to self determination, the environment and fundamental human freedoms. “Both of the 5s (Bill C-5 and Bill 5) were introduced to push forward massive economic developments without the necessary information to understand and address what could be serious negative impacts, and without including First Nations – whose lands these projects would be built on and take up – in much if any of the decision-making process. “The waiver of protective rules and the ignoring of First Nation rights, means that these Bills are unconstitutional and must be struck down,” said the nations in a statement released on Tuesday. The nations involved are Alderville, Apitipi Anicinapek, Aroland, Attawapiskat, Fort Albany, Ginoogaming, Kitchenuhmaykoosib Inninuwug, Oneida Nation of the Thames and Wabauskang First Nation. “These laws authorize the Crown governments to approve on a fast track major projects like Ring of Fire mining and pipelines, by short circuiting the need to get critical information about human and environmental safety and impacts and without involving the very peoples whose lands these projects would eat up,” said Taynar Simpson, chief of Alderville First Nation. “Our case is not a fight against development, it is a fight against dangerous development pushed ahead by factless, thoughtless and reckless decision making from government Ministers behind closed doors with little accountability.” Bill C-5 – the One Economy Act passed by the federal government – allows the cabinet to quickly grant federal approvals for big industrial projects like mines, ports, and pipelines by sidestepping existing laws. Approvals will be done behind closed doors and decisions will not be debated in Parliament. In Ontario, the government of Doug Ford passed Bill 5 which will allow the province to create “special economic zones” and bypass several pieces of environmental and municipal legislation. Neither Canada nor Ontario consulted with First Nations ahead of passing the two laws. “We First Nations are not against development per se. This is not about a battle between development and not,” said Chief Todd Cornelius from Oneida Nation of the Thames. “It is about doing things recklessly and doing things right.” Both Carney and Ford are blaming tariffs levied by U.S. President Donald Trump as the reason for these laws. Leaders say the on and off negotiations over a new trade deal have made developing national projects a necessity. “Panicking over the short term is not a reason to sacrifice the very values Canada says it holds dear and long term viability of lands and people,” said Chief Sheri Taylor of Ginoogaming First Nation in the statement. “If Canada and Ontario are so worried about threats to Canada from a bullying US President whose administration has been stripping human rights protections, then why are Canada and Ontario supposedly answering those threats with their own laws that bully First Nations and strip human rights and environmental protections here? “Would that not make this country the very thing we are trying to avoid being imposed on us?” The lawsuit comes as Prime Minister Mark Carney is set to host a summit with First Nation leaders Wednesday and Thursday to discuss the details of Bill C-5. More to come. Continue Reading