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Ontario’s Bill 5 threatens Indigenous rights, environmental justice

Amnesty International Canada is calling on the Ontario government to change course on its proposed Bill 5, which threatens Indigenous Rights and erodes environmental protections.

Tabled in April, Bill 5 proposes the creation of “special economic zones” where critical provincial laws, including those protecting endangered species, clean water, and consultation with Indigenous Nations, may be suspended to fast-track development.

‘We cannot build up Ontario by bulldozing down the rights of Indigenous Nations and the natural environment we all depend on and share.’

Ketty Nivyabandi, Secretary General, Amnesty International Canada

In response, Amnesty International Canada urges the Government of Ontario to:

  • Immediately halt or withdraw Bill 5;
  • Recommit to upholding the rights of Indigenous Peoples as affirmed in Canadian law through the United Nations Declaration on the Rights of Indigenous Peoples Act;
  • Engage in transparent, inclusive consultations with Indigenous Nations and civil society before tabling new development legislation.

“We echo the alarms raised by Indigenous leaders and environmental advocates who have called Bill 5 a brazen power grab,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section. “We cannot build up Ontario by bulldozing down the rights of Indigenous Nations and the natural environment we all depend on and share.”

The United Nations’ Declaration on the Rights of Indigenous Peoples – which Canada endorsed and later implemented into federal law – holds that any new building or resource-extraction project must not go ahead without the free, prior and informed consent (FPIC) of the Indigenous Nations whose territory is affected by the development.

“Free, prior and informed consent must be upheld by all levels of government and cannot be legislated away,” Nivyabandi said.

She also encouraged Ontario politicians to view their duty to respect Indigenous rights and protect the environment not as a barrier to growth but instead as a solid foundation for sustainable social and economic development.

“A human rights-based approach to development will empower Ontario to avoid the tragic mistakes of the past and build an economy for everyone – Indigenous and non-Indigenous, urban and rural, young and old,” said Nivyabandi. “By working together and respecting people’s rights, we will be better equipped to respond to times of economic instability and secure a sustainable future for the next generation.”

Public comments on Bill 5 are open now until May 17, 2025. Submissions can be made at: https://ero.ontario.ca/notice/025-0416

Media Responses from First Nations organizations on the Ontario government’s Bill 5:

Chiefs of Ontario

“First Nations’ Rights Cannot Be Unleashed” – Statement opposing Bill 5:
https://chiefs-of-ontario.org/first-nations-rights-cannot-be-unleashed-say-first-nations-leadership-following-provinces-proposed-development-legislation

Nishnawbe Aski Nation (NAN)
“Indigenous leaders call on Ford to halt mining bill, consult” – NAN and other leaders call for consultation and reject Bill 5:
https://www.northernontariobusiness.com/industry-news/mining/indigenous-leaders-call-on-ford-to-halt-mining-bill-consult-10624979

Association of Iroquois and Allied Indians (AIAI)
AIAI denounces Bill 5 and its disregard for Indigenous rights:
https://nationtalk.ca/story/aiai-denounces-bill-5-economic-deregulation-must-not-override-first-nations-right-or-environmental-responsibility

Header photo credit: Benson Kua/Flickr