Doug Ford blinks on Bill 5, under fire from First Nations

First Nations leaders and youth activists gathered at Queen’s Park on Monday to denounce Ontario’s controversial Bill 5.

“This will not be the end of our fight,” said Alvin Fiddler, Grand Chief of the Nishnawbe Aski Nation. “The fight will only just be a start, will only begin.”

Introduced by Premier Doug Ford’s government, the bill aims to fast-track development by stripping away key safeguards — but for First Nations communities, it is a direct threat to Indigenous sovereignty, environmental security and generational justice.

“Nowhere in Bill 5 is the rights of Indigenous peoples to free, prior and informed consent mentioned — not even once,” said Shane Moffatt, Ontario Nature's conservation campaigns and advocacy manager. “There is the potential for their rights to be really trampled if Bill 5 goes ahead, and that's paramount.”

The fight against Bill 5 is not just confined to First Nations and environmental groups, but is gaining traction across Ontario.

“The premier has kicked a hornet’s nest,” Moffatt said. “I've never seen such quick mobilization and such an overwhelming response from the public.”

In response to the opposition, Doug Ford’s government announced today he will partially amend Bill 5 to include a duty to consult First Nations before moving forward — but intends to pass the bill to create special economic zones that fast-track mining and development projects.

Minister of Indigenous Affairs Greg Rickford and Ministry of Energy Stephen Lecce said the province won’t move forward with this plan until they have meaningful consultation with all the First Nations in the area.

As soon as Bill 5 becomes law — which could happen next week — Premier Ford, Rickford, and Lecce plan to meet with First Nations leaders to discuss the next steps.

At Queen’s Park, Fiddler firmly opposed Bill 5, calling it “inappropriate” and rejecting the “bill in its entirety.”

He said he is concerned for young people in the territory who are “rightfully worried about what this could mean for them and for their future.”

Hanna Sewell, a member of Batchewana First Nation and co-chair of the Ontario First Nations Young People's Council said the bill reminds her of a battle — a violent one — her people fought over a similar issue, generations ago.

“Unfortunately, we've been subject to a lot of these bills over the years,” said Sewell. “My reserve was predominantly in the Battle of Mica Bay.”

The Battle of Mica Bay occurred in November 1849, when Anishinaabe and Métis leaders confronted the Quebec Mining Company for extracting minerals on their land without consent or compensation. Their peaceful but firm action forced the mine to close and drew the government’s attention to Indigenous land rights.

“We have nothing left to lose except our land,” Sewell said. “We're really willing to do anything it takes to make sure that our land is protected and that we can help breathe clean air and drink clean water, which some First Nations don't even have the ability to do now.”

Major changes demanded

Ramon Kataquapit, from Attawapiskat First Nation and a youth council member from the Nishnawbe Aski Nation, said the bill “literally says that our rights do not matter” and suggests “that the lands that we sit on — and have stewarded since time immemorial — aren't our territory.”

He said that the lack of environmental impact consultations in the past severely affected his community.

Even as a mining company stripped the First Nation’s land, the proceeds from its agreements were placed into a trust fund that has been inaccessible for 15 to 20 years, Kataquapit said. Meanwhile, its operations have contaminated the environment. 

“The surrounding land, our source waters are filled with diesel and mercury from these mines, which is why we are on and off under a boil water advisory for a really long time,” Kataquapit said.

First Nations leaders said Bill 5 requires a complete overhaul, not just amendments.

“It needs to be completely kiboshed and [revised] in a much, much better way, with First Nations at the table from the beginning,” Sewell said.

She said the current government engagement is being “taken at face value as consultation.”

Ontario Regional Chief Abram Benedict said that First Nations are not opposed to economic growth, however, the bill makes the “duty to consult very unclear” and would send many disputes to court.

Benedict said these legal battles drain community resources and can delay or halt projects, creating economic uncertainty and losses for communities that could have otherwise benefited from properly negotiated development agreements.

“We want infrastructure. We want all those great things. Yes, bring it to the north, but be mindful in the way that you do it,” Sewell said.

Environmental protections not ‘red tape’

Environmentalists like Moffatt of Ontario Nature say environmental protections are not “red tape,” but instead are crucial safeguards for clean air, clean water and the ecosystems that all Ontarians depend on.

“We’re in the middle of a global biodiversity crisis, and the last thing that Ontario should be doing ... is weakening protections for endangered species,” Moffatt said.

He said the potential elimination of species recovery strategies under Bill 5 is a fundamental abandonment of endangered species, with significant consequences for essential systems such as agriculture that rely heavily on pollinators.

While many provinces are stepping up and putting in place new conservation measures, Ford’s government is running in the opposite direction, he said. 

Ontario Nature has already collected over 18,000 petition signatures and united 100 organizations in a joint submission.

“It reflects the huge number of Ontarians that are seeing this ... I personally think that we're going to see that opposition continue to grow,” Moffatt said. “The premier is going to have to answer some very tough questions that the public are asking him.”

However, Ford has dismissed these concerns as coming from “radical environmentalists.”

“You can call me whatever you want, but at the end of the day, I'm trying to fight for you too, Doug Ford,” Sewell said.

She said First Nations' advocacy for land protection benefits everyone.

“It's so that your kids, your grandkids, too, can drink, breathe and live in the future, and we're always taught to think seven generations ahead,” Sewell said.

Fiddler said he is concerned that the federal government, under newly elected Prime Minister Mark Carney, may be considering legislation similar to Ontario’s controversial Bill 5.

“This is not how you want to start your mandate as prime minister,” said Fiddler. “You need to be respectful of our nation. You need to be mindful of the obligation that you have under a treaty.”

Indigenous leaders and allied organizations have made it clear: if the province does not pause and consult, they are prepared to pursue “conflict” both on the ground and in the courts.

“It’s a battle between choosing the people or the land,” Kataquapit said. “We want to share and live on these lands you call Canada, but if our inherent treaty rights keep being violated and our right to prior and informed consent is ignored, we will stand up against it."

“We will call for a movement. We will fight for change in the government — not just to respect us, but to respect our sovereignty.”

Sonal Gupta / Local Journalism Initiative / Canada’s National Observer