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9 Ontario First Nations to speak Wednesday after challenging federal, provincial bills
9 Ontario First Nations to speak Wednesday after challenging federal, provincial bills

CBC

time18 hours ago

  • Politics
  • CBC

9 Ontario First Nations to speak Wednesday after challenging federal, provincial bills

Nine First Nations in Ontario that launched a constitutional challenge against a pair of federal and provincial laws meant to fast-track infrastructure projects are set to speak at Queen's Park at 10 a.m. on Wednesday. The Indigenous communities said in the legal challenge filed in the Ontario Superior Court of Justice that the federal law known as Bill C-5 and the Ontario law known as Bill 5 both represent a "clear and present danger" to the First Nations' self-determination rights to ways of life on their territories. CBC News will livestream the news conference here. Bill C-5 allows cabinet to quickly grant federal approvals for big projects deemed to be in the national interest such as mines, ports and pipelines by sidestepping existing laws, while Ontario's Bill 5 allows its cabinet to suspend provincial and municipal laws through the creation of so-called "special economic zones." The First Nations are asking the court for an injunction prohibiting the federal government from naming national interest projects and prohibition Ontario from implementing special economic zones.

First Nations launch legal challenge against Ontario, federal bills 5 and C-5
First Nations launch legal challenge against Ontario, federal bills 5 and C-5

CTV News

time2 days ago

  • Business
  • CTV News

First Nations launch legal challenge against Ontario, federal bills 5 and C-5

Prime Minister Mark Carney is joined by members of his cabinet and caucus as he speaks at a news conference in the Foyer of the House of Commons in Ottawa, after Bill C-5 passed in the House, on Friday, June 20, 2025. THE CANADIAN PRESS/Justin Tang Nine First Nations in Ontario are asking a court to declare a pair of federal and provincial laws meant to fast-track infrastructure projects unconstitutional and are seeking an injunction that would prevent the governments from using some of the most contentious aspects. The Indigenous communities say in the legal challenge filed in the Ontario Superior Court of Justice that the federal law known as Bill C-5 and the Ontario law known as Bill 5 both represent a 'clear and present danger' to the First Nations' self-determination rights to ways of life on their territories. 'While the laws do leave open or commit that there will be some First Nation consultation at the very first stage... involvement in that decision alone is a smoke and mirrors trick, deflecting attention from all the other ways the laws necessarily diminish the ability of First Nations to engage on the regimes' broader consequences,' they write in the court challenge. Bill C-5 allows cabinet to quickly grant federal approvals for big projects deemed to be in the national interest such as mines, ports and pipelines by sidestepping existing laws, while Ontario's bill allows its cabinet to suspend provincial and municipal laws through the creation of so-called 'special economic zones.' The First Nations are asking the court for an injunction prohibiting the federal government from naming national interest projects and prohibiting Ontario from implementing special economic zones. Both the federal and Ontario governments have said their laws are tools to counteract the effects of U.S. President Donald Trump's tariffs by allowing Canadian development, such as natural resource development, to proceed more quickly. But this is not a battle of development versus no development, the First Nations argue. Rather, they advocate for 'doing it right' by ensuring that necessary information is gathered before proceeding and rights and protections are respected 'so the real costs of development do not end up far exceeding their asserted benefit.' 'Fragmentation and delay results from Crown choices and unwieldy bureaucracies, not from First Nations,' they write in the court document. 'Making changes now in some effort to 'streamline' (or ram through) projects, cannot be at the cost of First Nations, their rights, the Constitution and reconciliation.' The First Nations argue the laws are unconstitutional because they violate charter right to life, liberty and security of the person, as well as equality rights. Representatives of both governments have said they will respect the duty to consult Indigenous people, but the nine First Nations argue that rings 'hollow' because the laws authorize the opposite. Chief Sylvia Koostachin-Metatawabin of Attawapiskat First Nation said in a press release announcing the court challenge that their way of life is not 'a pawn in some political game.' 'Rushing headlong into major projects without knowing the costs, means the governments are playing a dangerous game with our lands and futures,' she wrote. This report by The Canadian Press was first published July 15, 2025. Allison Jones, The Canadian Press

9 First Nations ask for injunction against Bill 5, say law represents 'clear and present danger'
9 First Nations ask for injunction against Bill 5, say law represents 'clear and present danger'

CBC

time2 days ago

  • Politics
  • CBC

9 First Nations ask for injunction against Bill 5, say law represents 'clear and present danger'

Nine First Nations in Ontario are asking a court for an injunction that would prevent the federal and provincial governments from moving forward with some of the most contentious aspects of recent laws meant to fast-track infrastructure projects. The Indigenous communities say in the legal challenge filed in the Ontario Superior Court of Justice that the federal law known as Bill C-5 and the Ontario law known as Bill 5 both represent a "clear and present danger" to the First Nations' self-determination rights to ways of life on their territories. Bill C-5 allows cabinet to quickly grant federal approvals for big projects deemed to be in the national interest such as mines, ports and pipelines by sidestepping existing laws, while Ontario's bill allows its cabinet to suspend provincial and municipal laws through the creation of so-called "special economic zones." The First Nations are asking the court for an injunction prohibiting the federal government from naming national interest projects and prohibition Ontario from implementing special economic zones. They say the laws are unconstitutional because they violate the Charter's right to life, liberty and security of the person, as well as equality rights. Both the federal and Ontario governments have said their laws are tools to counteract the effects of U.S. President Donald Trump's tariffs by allowing Canadian development, such as natural resource development, to proceed more quickly. WATCH | Ontario passes controversial mining law: Ontario passes Bill 5 despite opposition from First Nations, environmental groups 1 month ago Doug Ford's government has passed the controversial Bill 5 that aims to speed up mining projects and other developments in areas deemed to have economic importance. As CBC's Lorenda Reddekopp reports, the move has sparked outrage among First Nations and environmental groups. In a press release announcing the court challenge, First Nations chiefs said they are not against all development, but it must respect their rights and involve proper Indigenous consultation. "This is not about a battle between development and not," Chief Todd Cornelius from Oneida Nation of the Thames wrote in the statement. "It is about doing things recklessly [versus] doing things right." Chief Sylvia Koostachin-Metatawabin of Attawapiskat First Nation said that their way of life is not "a pawn in some political game." "Rushing headlong into major projects without knowing the costs, means the governments are playing a dangerous game with our lands and futures," she wrote.

Failure of Voice gives 'green light' to councils to roll back Indigenous rights
Failure of Voice gives 'green light' to councils to roll back Indigenous rights

ABC News

time5 days ago

  • Politics
  • ABC News

Failure of Voice gives 'green light' to councils to roll back Indigenous rights

There are fresh claims about racism in local government after a regional Victorian councillor publicly questioned whether the British Empire ever invaded Australia, during a council meeting last month. The comment comes after a series of decisions by councils across the state that have left Indigenous communities feeling disrespected. A number of councils have reversed decisions about funding Australia Day celebrations and one council recently removed the Aboriginal and Torres Strait Islander flags from its website without community consultation. Activists and academics say it is indicative of a larger cultural shift following the Voice to Parliament referendum. At a public meeting in June, Moyne Shire Councillor Susan Taylor suggested the removal of all references to traditional owners in the council's five-year plan. The term appears twice within the plan as part of a list of council's aspirations, one of which is to "strengthen relationships with traditional owners and First Nations communities". Cr Taylor said the phrasing "morally binds" council to support Victoria's treaty process, which she believed was "tilting the state towards authoritarianism". In the same meeting, fellow councillor Jim Doukas said he found it "disturbing" that council's health and wellbeing report mentioned "invasion". "I don't know of any invasion that took place," Cr Doukas said in the meeting. "Could you identify what land was stolen? Because I find it objectionable that he might be accusing me of living on my land being stolen." The debate about settlement or invasion rests on European international law of the time and the concept of terra nullius (the land of no-one), which was overturned by the Mabo decision in 1992. University of Melbourne deputy vice-chancellor (Indigenous) Barry Judd said the comments from both councillors attempted to erase historical truths about colonisation. Professor Judd pointed to the final report from the Yoorrook Justice Commission, the first formal truth-telling process into the impact of colonisation on First Nations people in Victoria. "The commission has told a story of colonial dispossession, the massacre of Indigenous people, many of those, of course, occurred in western Victoria, and attempts to erase the existence of Indigenous people across the country that is now called Victoria," he said. "When councils make changes like those to not refer to Indigenous Australians, I think it's part of an attempt to continue the lies of Australian history that this place was a terra nullius." One of the key battlegrounds for the growing pushback against Indigenous recognition has been Australia Day. Colac Otway Shire Council is the latest of a number of Victorian councils that have reversed decisions about funding events on the country's national holiday. In May, Colac Mayor Jason Schram raised a motion to return community awards ceremonies to January 26 — using his casting vote to adopt the proposal — despite a councillor's proposed amendment and some councillors being absent. In a letter published in the Colac-Herald newspaper after the meeting, a resident criticised the mayor's use of a casting vote on a non-urgent matter, describing it as "poor governance". At the time, a council spokesperson told the ABC the mayor had a level of discretion over the use of a casting vote and there was no requirement to revisit the decision. The move mirrors several other councils that have reinstated January 26 celebrations in recent years, including Geelong City Council, Shepparton City Council and Strathbogie Shire Council. Earlier this year, images of the Aboriginal and Torres Strait Islander flags disappeared from the Warrnambool City Council website without community consultation. A council spokesperson said the decision was prompted by queries from the public about why the Australian flag was not displayed. Gunditjmara and Yorta Yorta woman Keicha Day said making the decision behind closed doors lacked integrity. "The reason why our elders got organisations to include the Aboriginal flag was to let us know as children whether that service was safe or not. "Being raised in a community, if we didn't see a flag or artwork or something in a mainstream service, that's how you knew not to go there because it's not culturally safe." The images of the flags were reinstated in June after residents requested their return. Ms Day has spent years trying to get nearby Glenelg Shire Council to remove colonial monuments and rename public assets honouring colonial settlers. A number of these sites are named for the Henty brothers and Major Thomas Mitchell, who were the overseers of men who murdered dozens of Indigenous people in a number of massacres. "When we come with a reasonable request like don't glorify genocidal maniacs, they will then hide behind their majority constituents," Ms Day said. Ms Day said Reconciliation Action Plans were one way to hold councils to account, but they were not legally binding, and not all councils had one. She is hoping the Yoorrook Justice Commission and state treaty negotiations provide recommendations to make councils more consistent in how they handle issues that impact First Nations people. "I'll be really interested to see what comes out of the truth-telling process around councils, but also how treaty intends to tackle the council issue," Ms Day said. Professor Judd said the result of the referendum on the Voice to Parliament had enabled more individuals and organisations to espouse what he described as discriminatory behaviour. "I do think these [council] decisions empower people to be more explicit and open in their racist ideas about Indigenous Australians and we've seen that in the aftermath of the Voice referendum," Professor Judd said.

‘This burial site has been desecrated;' Ancestral remains found at future site of OPG parking lot
‘This burial site has been desecrated;' Ancestral remains found at future site of OPG parking lot

CTV News

time6 days ago

  • General
  • CTV News

‘This burial site has been desecrated;' Ancestral remains found at future site of OPG parking lot

This aerial footage shows archaeological work that is ongoing at the site of a future OPG parking lot in Oshawa. Ancestral remains have been found at the site of a planned parking lot next to Ontario Power Generation's new Oshawa headquarters. In a statement provided to CTV News Toronto, OPG confirmed that the bone fragment was located on July 3 during 'archeological work' at the site and later determined to be ancestral following an investigation by Durham police. The OPG said in the statement that it 'recognizes the significance and sensitivity' of the finding and is 'committed to working closely with the local Indigenous communities and authorities to ensure a thorough and culturally respectful investigation.' 'Access to the site is strictly controlled, and we are treating the area with the utmost care, sensitivity, and reverence,' the statement notes. The remains were located underneath a site at 1910 Colonel Sam Dr. that is set to be excavated to allow for the construction of a new parking lot. In a joint statement released earlier this week, four Ontario First Nations communities said that the proposed parking lot will stand above a historic site known as the Scucog Carrying Place which 'has long been used' by its 'ancestors and community.' The First Nations communities said that the remains were located 'within large, excavated soil piles.' 'This burial site has been desecrated, and our communities are grieving,' the statement reads. 'We believe there is a high probability that additional ancestors' remains will be found at this site.' The OPG has said that construction at the site has been on hold since April 10 to allow for archaeological work, which involves the participation of Indigenous representatives. However, in their statement representatives from the Alderville First Nation, the Mississaugas of Scugog Island First Nation, Hiawatha First Nation and Curve Lake First Nation took issue with the precautions that had been taken at the site. 'It is with deep frustration and upset that we note contractors undertook these excavations and soil piling, seemingly without the information of an archeological assessment, or guidance from a cultural heritage policy, in an area publicly well-known as the Scugog Carrying Place,' they said. 'A full archaeological assessment would normally have been conducted before any ground disturbance took place.' The OPG says that following the discovery of the remains 'Indigenous representatives, who had been participating in the archeological work, ensured appropriate cultural protocols were observed.' It said that authorities were also notified 'immediately.' In their statement, the four First Nations communities said that they will be working with the Chief Coroner and government authorities to 'ensure a lawful and culturally respectful investigation into the circumstances of the excavation.'

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