Ontario to amend controversial Bill 5, add duty to consult provisions amid First Nations uproar
Premier Doug Ford's government is preparing to partially amend a contentious mining bill, but it intends to proceed with the legislation — despite opposition from First Nations leaders in Ontario who say it infringes on their treaty rights and should be scrapped entirely.
The government will introduce an amendment to Bill 5 at committee on Wednesday that will add in what are known as duty to consult provisions, spokesperson Hannah Jensen said in an email.
"Regulations under this Act shall be made in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult," the proposed amendment reads.
Bill 5 would create so-called "special economic zones" where the government can exempt companies or projects from complying with provincial laws or regulations. But Jensen said the government will also create "new Indigenous led economic zones."
"This amendment creating a new category of zone is at the request of some First Nations who, like us, want to build projects that will unlock economic prosperity for generations," Jensen said.
Indigenous Affairs Minister Greg Rickford said at Queen's Park Wednesday the duty to consult provision is being put forward to provide "greater certainty," despite it referring to existing Constitution rights for First Nations.
Mining Minister Stephen Lecce said the government brought forward the bill "in good faith" after hearing concerns from Ontarians about delays for mining projects.
He said the government is committing to responsible resource development and policy, while upholding the duty to consult.
"We think we can do both, we think we found that balance but we understand we've got to keep listening," Lecce said on Wednesday.
The province was set to designate the Ring of Fire in northern Ontario as the first special economic zone, a move that has set off a firestorm of anger among First Nations, many of which have pledged to take the fight to the land.
But Rickford and Lecce say the province will not designate the Ring of Fire a special economic zone until it meaningfully consults with all First Nations in the area.
Once the bill is passed, likely next week, Ford, Rickford and Lecce will meet immediately with First Nation leadership, they said.
First Nations chiefs say bill should be killed outrightDuring question period on Wednesday, Rickford said the bill "is about more than just mining."
"It's about creating an opportunity for First Nations communities who for too long have lived in the kind of socio-economic conditions that are completely unacceptable."
Both Rickford and Lecce have said there are large infrastructure projects they want to complete to help some remote First Nations get off diesel gas, which they currently use for electricity generation.
They are also proposing to help build roads to connect communities to the provincial highway system, since climate change is wreaking havoc on winter ice roads the communities rely on to haul in all sorts of goods.
Rickford said Wednesday the government believes if it works "in full partnership" with First Nations, they can "create a brighter future."
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But Leader of the Opposition Marit Stiles, who is calling on the premier to scrap the bill entirely, responded the government is not working in full partnership with First Nations.
"My goodness, if you've got any message from this last couple of weeks, surely it's that," she said.
First Nation chiefs have shown up en masse at Queen's Park from the far reaches of northern Ontario to tell the politicians that the province is going about this bill in the wrong way. They say the government has already failed in its duty to consult.
The Chiefs of Ontario, which represents all 133 First Nations in the province, said the bill should be killed outright so they can be consulted from the start.
Their leader, Ontario Regional Chief Abram Benedict, met with Ford last week at the premier's home, where he told him about the problems with the bill.
That meeting touched off talks with numerous First Nation chiefs, in which the ministers said they planned to work together with them to create the regulations that will enforce the new law.
"We will not use the authorities like a special economic zone until we've meaningfully consulted," Lecce said.
The ministers say they've received a number of great suggestions from First Nations.
Bill is dead on arrival, Green Party leader saysMinisters are scrambling at the 11th hour with copy edits to "force" the bill through, said Stiles, speaking to media after question period.
"That's not how you make good legislation," she said.
She said she expects the bill will end up before the courts if it is passed for a possible violation of the Constitution, resulting in a legal process that could take years.
Stiles said she doesn't understand where the concept of "special economic zones" came from, as it wasn't included in the Progressive Conservative election campaign earlier this year.
"Which minister had this brilliant idea? … Nobody wants to take responsibility," she said.
Stiles, Liberal Leader Bonnie Crombie and Green Party Leader Mike Schreiner all said the government should consult with First Nations communities in northern Ontario.
They also all said the government is yet to explain what it means by "Indigenous-led special economic zones."
Crombie called Bill 5 a "power grab," joining the other leaders in saying the government should have consulted with First Nations before putting forward the legislation.
Schreiner said the legislation is flawed on multiple fronts, citing concerns about Indigenous rights but also fears from critics that the government could use the bill to bypass environmental and labour laws.
"This bill is dead on arrival. It needs to be scrapped and the government needs to start over," he said.
cbc.ca
