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Ontario's Bill 5 has passed. Here's why it has sparked conflict with First Nations
Ontario's Bill 5 has passed. Here's why it has sparked conflict with First Nations

Globe and Mail

time5 days ago

  • Business
  • Globe and Mail

Ontario's Bill 5 has passed. Here's why it has sparked conflict with First Nations

Ontario's Bill 5, which passed on Wednesday, will give the provincial government sweeping powers to disregard its own laws in order to speed up mining or other projects – and has prompted warning of protests or blockades from Indigenous leaders who say they should have been consulted. Formally known as the Protect Ontario by Unleashing Our Economy Act, the legislation allows the Ontario government to designate 'special economic zones' where it could suspend any provincial law – including environmental or labour rules and municipal bylaws – for companies or entities it labels 'trusted proponents.' The federal government, and B.C., are also pushing to accelerate major resource projects to try shore up the country's economy in the face of U.S. tariffs and China's dominance in critical minerals. But these moves are being made amid a shifting legal landscape on Indigenous issues – and could put governments on a collision course with First Nations. In addition to allowing for special economic zones, the bill also rewrites Ontario's endangered species legislation, allowing cabinet, instead of scientists, the final say on what species are protected. And it would loosen the rules around preserving Indigenous archeological sites. (It also includes other provisions to streamline mining approvals, supported both by the industry and even the opposition, that would see key projects funnelled through a centralized, 'one project, one process' system.) The government has said it aims to designate the remote northern Ring of Fire region, where it says reserves of critical minerals are key to Ontario's economy, as its first special economic zone. While three First Nations in and near the region are supporting plans for all-season roads to the area, others have opposed the push to mine there. How these zones will be implemented – and what rules will take the place of any laws wiped off the books – is supposed to be laid out in regulations that have not been released. Those regulations must also be subject to both First Nations and public consultations, which the government has promised over the summer. First Nations leaders say they should have been consulted first, and want the bill scrapped. As opposition to Bill 5 mounted from First Nations in recent days, the government said these future regulations could include provisions to allow 'Indigenous-led economic zones,' but provided no details. Bill 5 could affect these six species in Ontario, conservationists say Ontario's Bill 5 falls into a category lawyers label 'Henry VIII legislation,' as Laura Bowman, a staff lawyer at the group Ecojustice, has pointed out. The term invokes the infamous 16th-century English king – who had two of his wives beheaded – in giving the executive branch the power to pick and choose which laws passed by the legislature apply and to whom. This aspect has alarmed not just First Nations, but the Canadian Civil Liberties Association and opposition MPPs. Liberal MPP John Fraser compares Bill 5 to the executive powers now being abused by U.S. President Donald Trump. The government defends the need for the extraordinary powers, saying it can take 15 years to open a new mine in Ontario, much longer than in other jurisdictions. Properly called the 'duty to consult and accommodate' First Nations, it has been recognized in court rulings dating back to the 1980s. It obligates the Crown – meaning governments – to consult First Nations about activities that impact their treaty rights, which were embedded in Section 35 of the Constitution in 1982. Landmark Supreme Court of Canada rulings in the past 20 years have outlined and strengthened this obligation. In essence, if governments want to allow the construction of a mine or another project in a First Nation's traditional territory, they must engage in meaningful consultations and accommodate Indigenous concerns about its effects on treaty rights, such as hunting grounds of fishing grounds. The duty to consult has seen many First Nations sign 'impact benefit agreements' with mining companies or others operating on their traditional territories, which usually involve revenue for Indigenous governments. The Decibel: Unpacking the nationwide push to fast-track major projects Ontario Indigenous Affairs Minister Greg Rickford has repeatedly asserted it does not, referencing a 2018 Supreme Court ruling. In that case, the Mikisew Cree First Nation argued the then federal Conservative government had a duty to consult before bringing in contentious 2012 legislation that sparked the 'Idle No More' protest movement. In a split decision, the top court ruled against the First Nation, concluding that parliamentary privilege means governments do not trip over their constitutional obligation if they draft legislation without consulting first. But lawyers say the Mikisew ruling does not preclude governments from choosing to consult First Nations before tabling a bill. Governments routinely consult industry or other interest groups while drafting legislation. That phrase, routinely invoked by First Nations, comes from the United Nations Declaration on the Rights of Indigenous Peoples, which Canada had at first avoided endorsing but fully signed onto in 2016. Federal legislation in 2021 began the implementation of this new standard, which clearly goes beyond a 'duty to consult.' However, Ontario has not signed onto UNDRIP or adopted it in its law. And lawyers say what 'free, prior and informed consent' will precisely mean across Canada, in different contexts, remains legally contested ground. This is also increasingly contested ground, as First Nations argue their forebears understood these documents, signed hundreds of years ago in many cases, much differently than governments did. In a case working its way through the courts, 10 First Nations that signed Treaty 9 in 1905 – which covers two-thirds of Ontario's land mass and includes the Ring of Fire – argue they never gave up decision-making power on their lands and that a new 'co-jurisdiction' regime must be established. They are also seeking $95-billion they say they are owed under the treaty, which was signed by both Ontario and Canada. 'What First Nations are really saying is, forget the duty to consult,' said Kate Kempton, a veteran lawyer for First Nations in battles with mining companies who is leading the Treaty 9 case. 'It doesn't work. It needs to be the right to decide. Bill 5 is really just the straw that is breaking the camel's back.' The government has committed to consultations with the public and First Nations on the regulations it must draft before any 'special economic zones' are named. But Grand Chief Alvin Fiddler of the Nishnawbe Aski Nation, which represents 49 First Nations across Northern Ontario including those in the Ring of Fire, has warned of an 'Idle No More 2.0″ wave of protests against bill, as have other Indigenous leaders.

Ontario 2025 budget: Highlights from bike lanes to alcohol revenue and housing
Ontario 2025 budget: Highlights from bike lanes to alcohol revenue and housing

Global News

time15-05-2025

  • Business
  • Global News

Ontario 2025 budget: Highlights from bike lanes to alcohol revenue and housing

Ontario has tabled its 2025 budget, outlining its spending plans for the next year in an economy dominated by tariffs from the United States. The annual document gives an indication of the health of the province's economy and includes major and minor policy announcements from the government. Under tariffs from U.S. President Donald Trump — and the threat of more potentially to come — Ontario has announced an increase in deficit spending to respond. The budget, titled A Plan to Protect Ontario, focuses its major announcements on the tariffs but includes a raft of new policies. Below are a few highlights: New tariff measures The budget includes tens of billions of dollars in tariff-related relief and stimulus, confirming a range of measures that were previously announced or included in the Progressive Conservatives' recent election campaign. Story continues below advertisement The creation of a new $5 billion Protect Ontario fund is at the heart of that plan. The fund will include $1 billion in relief to help businesses struggling with liquidity, and another $4 billion for other support measures. The government will also roll out a $1.3 billion manufacturing tax credit and $11 billion in business support — largely through wage deferral. Smaller funds in the budget relating to tariffs include $20 million for layoff coordination centres and $40 million for communities especially impacted by tariffs. More bike lanes to be removed The budget also includes fresh news on the Ford government's ongoing attempts to remove bike lanes in the City of Toronto. 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 Last year, the province said it would remove bike lanes from Bloor Street, Yonge Street and University Avenue. Story continues below advertisement The legislation that allowed for the removal of those bike lanes was appealed by cycling advocacy groups. While their case — alleging their removal would be unconstitutional — has not been decided, an Ontario judge granted an injunction, temporarily blocking their removal. The government has appealed that injunction. Meanwhile, the province used its annual budget to take away two more neighbouring bike lanes. It now plans to remove bike lanes from Queen's Park Crescent and Avenue Road. The two streets set to be targeted are both located steps from the Ontario legislature. Less money from alcohol The latest budget is the first to be tabled since the Ford government rolled out its liberalization of the province's alcohol market. Last spring, Ontario announced it was breaking an exclusivity deal with The Beer Store to allow convenience stores, grocers and big box retailers to sell beer, wine and pre-mixed drinks. Story continues below advertisement At the same time, the government also made the LCBO the exclusive wholesaler for the entire province. The liberalization of alcohol was also at the heart of a weeks-long LCBO strike held during the summer. The budget shows that, despite the fact that the LCBO sells alcohol to the convenience stores, its revenues have fallen relatively significantly this year. Income from the LCBO will drop dramatically from $2.5 billion in 2022 to a projected $1.9 billion this year. Overall tax revenue from alcohol will also fall from $600 million in 2022 to $388 million in 2025. The budget includes measures which could lead to revenue falling further in the future. The budget, for example, increases the discount LCBO offers to wholesalers from 10 per cent to 15. A series of wholesale mark-up changes and tax category tweaks are also designed to lower the cost of alcohol in Ontario without cutting the money given to producers. That means the government is telling the LCBO to reduce its markup — and therefore cutting the money it brings in. Housing starts down, again For another successive budget, the province's housing start projections have fallen significantly. Story continues below advertisement The latest forecasts, which are based on private-sector analysis, show the province will see an 18 per cent decline in housing starts over the next three years compared to earlier projections. Instead of constructing 282,000 homes between 2025 to 2027, the province is now expected to build 229,000 homes in that same period. The Ford government promised in 2022 to build 1.5 million new homes over the next decade, to the year 2031. In order to do that, the province would need to start 150,000 new homes every year for the decade. Ontario has never come close to that figure — and set its target for the first few years lower. The latest data, however, projects the province will be achieving roughly half of that annual target. This year, Ontario is expected to begin building 71,800 housing units, with 74,800 next year and 82,500 in 2027. The housing minister said his government remains committed to the goal of 1.5 million homes. New police spending plans The budget also includes some additional funding announcements for law enforcement. Story continues below advertisement The government has earmarked $1 billion to renovate and expand the Ontario Police College in Aylmer, as well as a new Ontario Provincial Police Academy in Orillia. The moves play into changes announced last year by the government, designed to drive the supply of new police officers in the province, including eliminating tuition fees. The government will also add two new police helicopters for forces serving border towns. That builds on the procurement of helicopters for Toronto-area forces announced in the 2024 budget.

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