Ford, Carney governments told to ‘do some homework' on duties to First Nations
A lawyer representing the coalition of nine First Nations filed a legal application against both the Ford and Carney governments on Monday evening. The action looks to have a court rule the entirety of Ontario's Bill 5 unconstitutional, as well as large parts of the federal government's Bill C-5.
At Queen's Park on Wednesday, four of the First Nations leaders involved spoke about their concerns with Ontario Premier Doug Ford and Prime Minister Mark Carney's approach.
'I would say they're less informed,' Alderville First Nation Chief Taynar Simpson said. 'I would say they need to do some homework on these issues. They need to go back to the history books, they need to listen to elders, they need to listen to First Nations.'
Story continues below advertisement
The Ford government passed Bill 5 in June, which allows it to create special economic zones where municipal and provincial laws can be suspended.
Similarly, Bill C-5 allows the federal cabinet to quickly grant federal approvals for big projects deemed to be in the national interest, like mines, by sidestepping existing laws.
Get breaking National news
For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up
By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy
The legal action filed against both bills involves nine of Ontario's 134 First Nations. They said Wednesday they believed others supported their push but needed to get the action off the ground quickly.
Chief June Black, who represents the Apitipi Anicinapek Nation, whose land is subject to a number of mining claims, said that the two governments' handling of their first-track legislation was problematic.
'Speeding through projects and exempting projects from approvals is far from honourable,' she said. 'Approving projects without the consent of First Nations people who have been on this land forever is even less honourable.'
In response to the legal action, a spokesperson for the Ontario premier's office said the government remained focused on meaningful engagement with First Nations on Bill 5.
'We will continue to build consensus with First Nations on shared priorities including legacy infrastructure, all-season roads, and resource development, that support long-term prosperity,' they said in a statement.
'We have begun productive conversations with First Nations who share our vision of unlocking economic opportunity and critical infrastructure in their community and will continue these consultations throughout the summer.'
Story continues below advertisement
A spokesperson for the federal Privy Council Office said they wanted to push the legislation forward 'in partnership with Indigenous Peoples.'
'Canada is committed to upholding commitments and obligations under the UN Declaration Act and constitutionally protected rights, including Aboriginal and treaty rights,' they wrote. 'The Building Canada Act ensures that Indigenous Peoples whose rights may be affected are consulted at key stages: before a project is designated as being in the national interest, before the issuance of the conditions document, and before any amendment to the conditions document.'
In Ontario, the Ford government has found itself apologizing twice to First Nations leaders since Bill 5 was passed.
First, Premier Ford made comments about First Nations 'coming cap in hand,' for which he apologized. Then, his environment minister had to issue an apology after he asked the federal government to stand down clean drinking water legislation.
The government's comments, Chief Simpson suggested, have made it harder for First Nations to get down to full consultations.
'When we met with Doug Ford, that was one day after he made those 'hat in hand' comments, so unfortunately, that discussion probably took up more time than we would have liked,' he said on Wednesday.
'I felt like instead of talking business about Bill 5, I needed to address why we have duty to consult, why we have these protections. So I went with the historic lesson. So instead of talking about business, I was talking about history. I think the Bill 5 discussion got a bit hijacked by his comments.'
Story continues below advertisement
Kate Kempton, lead counsel for the group, said it could take a year for hearings on the legal action to begin.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CBC
3 hours ago
- CBC
B.C. chief says Bill C-5 meeting with Carney 'did not resolve concerns, it reinforced them'
Social Sharing Chiefs of First Nations in B.C. were among the more than 600 chiefs who travelled to Gatineau, Que. this week to meet with Prime Minister Mark Carney about the highly controversial Bill C-5. The Building Canada Act, passed June 6, and gives the federal government the ability to by-pass laws, government regulations and environmental assessments if an industry project is deemed in the national interest. The Union of B.C. Indian Chiefs (UBCIC) opposes Bill C-5, and the B.C. Assembly of First Nations (BCAFN) says most of the 204 nations in B.C are concerned about it. Don Tom, vice president of UBCIC, attended the meeting which took place at the Canadian Museum of History, surrounded by totem poles from the West Coast. Tom, who is also Chief of the Tsartlip First Nation on Vancouver Island, said despite many First Nations being opposed to the bill, the majority of those given a chance to speak supported the bill. "From the opening of the meeting, it was evident that those who were project-friendly were given the platform to speak," Tom told CBC news. "The Prime Minister was clear that this was not consultation but rather engagement, I think the general feeling amongst chiefs is that the government is a day late and a dollar short." Carney defends Bill C-5 amid court challenges by First Nations 3 days ago He says that consulting First Nations after the legislation has already passed is not meaningful. UBCIC is an advocacy organization for First Nations in B.C. and a member organization of B.C.'s First Nations Leadership Council. In a press release, it states that chiefs across the room made it clear that First Nations in Canada continue to be excluded from decision-making tables as it pertains to their land, rights and resources. "Canada cannot build economic recovery on the backs of Indigenous Nations without our consent, our participation, and our laws being respected," Tom said in the release. He says that B.C. and Canada have broken their own United Nations Declaration on the Rights of Indigenous People (UNDRIP) laws. "We will not be legislated to, we will uphold our Title and Rights recognized under section 35 of the Constitution. We are the First Peoples of the Land, we are not Canada's Indians," he said. Terry Teegee, regional chief of BCAFN, shared similar sentiments. BCAFN advocates for the 204 First Nations in the province and is also a member organization of B.C.'s First Nations Leadership Council. Trade war 'existential crisis' shouldn't fall on backs of First Nations, says BCAFN regional chief 18 hours ago B.C. Assembly of First Nations Regional Chief Terry Teegee says lawmakers should not skirt around environmental assessments to fast-track major projects. He tells BC Today host Michelle Eliot that any response to the trade war with the U.S. must also uphold Indigenous rights. In an interview on CBC's B.C. Today, Teegee said that the general sentiment of many First Nations across the country is that there are concerns about what a national interest project actually entails. "Bill C-5 does not acknowledge or recognize a consultation process, nor a consent-based process for First Nations," he said. He says that B.C.'s Bills 14 and 15, as well as the federal Bill C-5, should have been co-developed in partnership with First Nations, under provincial and federal UNDRIP legislation. "We're heading to challenges in the court system," he said. A BCAFN press release states that the majority of chiefs in B.C are concerned about the lack of transparency regarding the Canada Building Act, and concerned about their rights. "If this Act is to be saved, and if Canada is to avoid costly legal battles, Prime Minister Carney will need to make substantive and concrete commitments to legislative, regulatory and policy protections to ensure the standards of the UN Declaration are upheld." Tom says that Prime Minister Mark Carney stayed for the entire summit, which is rare for a prime minister, and that he assured First Nations that more consultation would be coming.
Global News
5 hours ago
- Global News
ICE detention a ‘nightmare' says Canadian woman's family
Paula Callejas was trying to expand her swimsuit business in Florida after taking time off to take care of her ailing father in Canada before his death. Instead of celebrating the fashion line, the Canadian was taken into United States Immigration and Customs Enforcement detention. The 45-year-old's family said their finances are being stretched as they try to navigate the confusing and difficult legal and immigration systems in the United States. 'She was very strong, very strong,' said her mother Maria Estella Cano. 'Now every, every day she (cries), every day and (says) she can't take it anymore.' U.S. President Donald Trump has ramped up deportation efforts since his return to the White House in January after successfully campaigning on a promise to take drastic actions on illegal immigration. The immigration crackdown includes controversial actions like targeting students for protesting, as well as sending people to a notorious prison in El Salvador. There has been an increase in raids by United States Immigration and Customs Enforcement, called ICE, at restaurants and farms amid dramatic standoffs with protesters. Story continues below advertisement While Trump's team have said they are targeting criminals first, they also said anyone in the country illegally will be deported. Callejas was born and raised in Montreal after her family immigrated from Colombia. She started her swimsuit line in Canada around 2012 and was gaining momentum but when her father became unwell she paused her dreams to help care for him. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Following her father's 2020 death, Callejas restarted her efforts to build a swimsuit company. Family said she did a few runway shows in Florida over the years and saw that there was real opportunity for her fashion line to develop in the state. She even was invited to take part in Miami Swim Week last year. She bought property in Florida, her mother said, and lived a modest life while working to build the brand. Family said they believed she was in the United States on a non-immigrant visa for people with special skills that was set to expire in March. They said she applied for an extension in February, but it was denied for a technical reason around the colour of ink used to sign the document. Family said Callejas reapplied, thinking the issue was solved. On March 28, Callejas was arrested for battery after family said there was an altercation with her then-boyfriend. Family say Callejas maintains her innocence in the situation and said she was defending herself. Story continues below advertisement After posting bail, her family said Callejas was taken into ICE custody. An ICE spokesperson said Callejas entered the United States on a non-immigrant visitor visa and violated the terms of her admission. ICE said she will 'remain in custody pending completion of her immigration proceedings.' Cano said her daughter's detainment has been a 'nightmare' for the family. 'Every time I open my eyes, it is not real life,' Cano said, holding back tears. Family said Callejas has been transferred to at least three different facilities. Finances are being exhausted as they try to get legal representation. They said it cost US$5,000 just for one lawyer to submit paperwork. As Callejas spends more time in detention, her mental health is also suffering, family said. Canos said she wants her daughter to be able to have a fair chance to defend herself in court. Her next appearance for the criminal charge is on Monday. Cano said when that is resolved they want Callejas to leave the United States on her own accord so that she can finish her visa application from Canada and continue her dreams of a swimwear line. Global Affairs Canada said it could not provide information about particular cases because of privacy concerns. Story continues below advertisement The department said on June 27 it was aware of about 55 Canadians detained by ICE. The number of cases has remained relatively stable in recent months, it said, however it fluctuates as cases are resolved and new cases arise. Johnny Noviello, a 49-year-old Canadian citizen, died in ICE custody in South Florida in June. Noviello was being detained pending removal from the U.S., officials said. He entered the U.S. in 1988 on a legal visa and became a lawful permanent resident in 1991. He was convicted of drug trafficking and other charges in 2023 and sentenced to a year in prison, officials said. Noviello was picked up by ICE agents at his probation office last month and charged with removability because of his drug conviction, authorities said. Foreign Affairs Minister Anita Anand said on social media at the time that 'Canadian consular officials are urgently seeking more information from U.S. officials.'
Globe and Mail
16 hours ago
- Globe and Mail
Mark Carney's 'build, baby, build' aspirations face a challenge from Indigenous leaders
The Grand Hall of the Canadian Museum of History in Gatineau, Que., can make you feel small. It's a soaring, glass-walled space that stretches across the belly of the museum, facing the Ottawa River and Parliament Hill on the opposite shore. The Grand Hall is set up like a Pacific Northwest coastal village from the 19th century, with the undulating shape of the massive space emulating a shoreline. A boardwalk runs along the 'waterfront,' before the facades of houses from six different First Nations along the coast of British Columbia, from the Coast Salish in the south to the Haida and North Coast communities further up. But what gives the space much of its arresting drama are the monumental totem poles that spike into the air throughout the hall. These imposing sentries − the tallest are more than four storeys high − are history carved in red cedar, recording the lineage of the chief or family that owned each one. On Thursday, Indigenous leaders met among them with Prime Minister Mark Carney to debate his plans to build big things fast in Canada. To Andrew Robinson, attending the meeting as chief executive officer of the Nisga'a Lisims Government, the setting was perfect, because it felt like the past was watching. 'They aren't actually just symbols of art, they're actual memorial markers, like headstones,' he said of the poles, noting that most people don't understand that. 'It's funny − it's not even funny, it's fitting − that we're sitting here with the Prime Minister of the day and all this stuff, being able to move forward in a good way while our ancestors and our past sits and looks at us,' Mr. Robinson added. 'Can you imagine how far we've come as people? As Canada?' Up to this point, everything in Mr. Carney's leadership of the country has seemed to gallop along on greased rails. Donald Trump's desire to gobble up Canada created the perfect conditions for the former central banker's leadership run and a seemingly impossible bounce-back for the Liberals. Then, anxiety about how to survive the American economic vandalism made for an unusually united and motivated Canadian public: Everyone sort of nodded together in mute worry, agreeing that the man with the tidy haircut should be allowed to fix this however he saw fit. What Mr. Carney has been rolling in since January, in other words, is permission, but this week he suddenly faced a group of leaders who were not inclined to write him a blank cheque for more. Explainer: Why First Nations are clashing with Ontario and Ottawa over bills aimed at speeding up megaprojects Some Indigenous communities have expressed deep concerns that Bill C-5, the Building Canada Act, was rammed through Parliament too quickly or offers too much latitude for the federal government to bypass certain conditions if a project is deemed to be in the national interest. Nine First Nations from Ontario have taken the government to court over the matter. 'Our rights can't take a back seat in terms of how decisions are made,' said Terry Teegee, regional chief of the British Columbia Assembly of First Nations, in a press conference the day before the summit. He added, 'Free, prior and informed consent cannot be an afterthought.' On Thursday, just before Mr. Carney headed down to the Grand Hall to begin the summit, he scrummed with reporters briefly on a landing above. In contrast to the 'build, baby, build' urgency in which the Prime Minister has painted his national aspirations for months, here he took pains to underline that nothing is decided yet, no stone is rolling inexorably down a hill, and he had come to listen. Soon after he started speaking, Mr. Carney was drowned out by a mic check; a few minutes later, the tourism-ad view of Parliament Hill behind him dissolved in sudden curtains of rain. The universe's department of dramatic symbolism seemed to be drunk on its own power. Once the meeting got going, at the tables arrayed between the big houses and towering poles on the ground level, Mr. Carney and his ministers were seated near - but very specifically not at − the front of the room. After a prayer by an elder, the Prime Minister opened the meeting with a brief speech, ad-libbing away from his prepared remarks to again underline his assignment. 'I'm going to say a few words, and then I'm going to listen, listen for the day,' he said, adding, 'We are starting as we mean to go forward, by listening, engaging, working together.' No one else would know much of what the Prime Minister heard from Indigenous leaders, because right after his opening remarks, staff from his office hustled reporters out and the rest of the meeting was private. Chiefs criticize Indigenous advisory council for Bill C-5 projects after meeting with Carney Even still, it was tough to miss the fact that at no point were the two sides talking about the same things or even speaking the same language. The Prime Minister, as he has for months, talked about a unified and more robust Canadian economy that can at least partly compensate for the Trump blast radius, diversifying international trading partners and building big projects that will fundamentally alter and improve the fortunes of this country. Indigenous leaders, on the other hand, talked about sovereign rights that they are not willing to be rolled on, fighting for constituencies that fly and swim and sway in the winds, thinking seven generations into the future. And then there are the basic services like roads and schools and water that they feel need to be better tended to before they'll be interested in talking about what the government wants. 'I can't stress that enough,' Cindy Woodhouse Nepinak, National Chief of the Assembly of First Nations, told reporters on the sweltering pavement outside the museum, after the media had been ushered out. 'I don't want my little grandchildren someday, your little grandchildren, having these same discussions.' Permission sometimes requires a lot more than simply listening.
