Doug Ford's Tories amend controversial mining bill to allay First Nation concerns
Premier Doug Ford is amending his controversial Bill 5 in a last-ditch bid to allay concerns from Indigenous leaders that treaty rights and environmental protections are under threat.
The Progressive Conservatives scrambled Wednesday to alter their
Protect Ontario by Unleashing Our Economy Act
fast-tracking mines and infrastructure projects by proposing to make changes in regulations after the legislation is passed — which critics dismissed as too little, too late.
'This is totally the wrong way,' said New Democrat MPP Sol Mamakwa (Kiiwetinoong), whose remote northwestern riding includes the vast Ring of Fire mineral deposits
Ford
wants to feed electric vehicle development, defence and other industries in the face of U.S. President Donald Trump's tariffs.
A key amendment would eventually allow Indigenous-led 'special economic zones' to fast-track mining and infrastructure projects that could benefit their communities.
It states '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.'
Ford's office said '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.'
Special economic zones, which would limit environmental assessments and be exempt from many municipal and provincial rules, have been a main point of contention with First Nations because they violate treaty rights and endanger wildlife.
'We've ... heard the desire to strengthen the commitment to the duty to consult. They want to make sure that their rights and treaty rights are protected. We hear them,' said Energy and Mines Minister Stephen Lecce.
'A responsible government, an element of pragmatism, will work with them and build upon that advice,' said Lecce.
Indigenous Affairs and First Nations Economic Reconciliation Minister Greg Rickford, who is meeting with chiefs from across the province, said the changes 'line up perfectly with what we're hearing from First Nations business leaders and First Nations political leaders.'
'They want to be a part of the economic opportunity and fundamentally transform and change the economic fortunes of many First Nations across this province,' said Rickford, who worked as a nurse in remote reserves for years before going into politics.
'There have been no 'economic' designations as of yet,' he said, referring to the special economic zones where development could be expedited by years.
But as protesters rallied outside Queen's Park, opposition parties and First Nations said the government's 'trust-me' approach to make changes in regulations won't work because the government has already broken trust by rushing the bill into law after failing to consult them while crafting it.
'This legislation will not unleash our economy. In fact, it erodes trust between Ontario and Moose Cree First Nation and will only delay planning and development because there is no shortcut around First Nations' rights,' said Moose Cree First Nation Chief Peter Wesley.
'This attempt to shortcut the duty to consult and override environmental protections will end up at the Supreme Court and delay any Ring of Fire activity by at least 10 years,' said Chief Michael Sugarhead of Nibinamik First Nation.
In a legislative committee doing a clause-by-clause examination of the bill Wednesday, Mamakwa said 'the government is on a path of no reconciliation' with First Nations that will backfire.
'You cannot legislatively bulldoze your way to our homeland,' said Mamakwa. 'If that's done, there are repercussions and we don't want to go there ... while you may change your laws, you remain accountable to us.'
Earlier this week, Grand Chief Alvin Fiddler of the Nishnawbe Aski Nation said the government's actions could lead to 'conflict on the ground.'
'If this bill in its current form goes through, that is where we're heading, And those that oppose (Bill 5) will most likely end up in jail,' said Fiddler, who has repeatedly emphasized that 'our treaty is not red tape, our rights are not red tape.'
NDP Leader Marit Stiles said consultations with Indigenous leaders should have taken place before the bill was drafted and agreed it will lead to a slowdown in mine and infrastructure development because of court challenges and protests.
'This eleventh hour scramble ... is not going to cut it,' she told reporters.
Liberal Leader Bonnie Crombie said the amendment is yet another example of the three-term Tory government being forced into policy retreats because it doesn't 'do its homework.'
'They react, and then they realize they need to walk things back. This has been a pattern with this government, as we saw, even with the Greenbelt,' said Crombie in reference to the Tories'
$8.28-billion land swap scandal
now being investigated by the RCMP.
Green Leader Mike Schreiner noted 'the government says 'trust us' on a bill that they've actually broken trust with First Nations.'
Proponents argue that the controversial bill is essential for Ontario's economy amid U.S. President Donald Trump's trade war with Canada.
Proponents argue that the controversial bill is essential for Ontario's economy amid U.S. President Donald Trump's trade war with Canada.
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