Ontario Premier Doug Ford’s government has given itself the power to suspend provincial and municipal laws for chosen projects in areas it deems to have economic importance.
On Wednesday afternoon, the province passed Bill 5, the so-called Protect Ontario by Unleashing Our Economy Act, which has sparked a firestorm of anger among First Nations.
The province has said the bill is needed to speed up large projects, particularly mines, in the face of U.S. President Donald Trump’s trade war.
Jeers from dozens of First Nations members echoed in the legislature as the bill was passed into law. Ford did not show up for the final vote.
Earlier in the day, Ford wouldn’t say if he would use the notwithstanding clause to save Bill 5 if it ends up being challenged and found unconstitutional in court. But he said that he would “cross that bridge” when he comes to it.
First Nations say the bill tramples their rights and ignores their concerns and they have warned they may blockade roads, railways and mines in protest.
But Ford said Wednesday that wouldn’t be “very wise.”
“You can’t break the law,” Ford said. “Simple as that … They need to move on or they’ll be dealt with appropriately.”
When asked to clarify his comments, Ford said he doesn’t direct the police and any enforcement would be up to the Ontario Provincial Police or local police services.
The legislation will create so-called “special economic zones,” where the government could suspend laws in order to speed up projects such as mines.
Ford has cited the need to move more quickly on mining places such as the Ring of Fire in northern Ontario in order to strengthen the province’s economy while it is under Trump’s attack.
Civil liberty groups are livid at the prospect of effectively lawless zones, and unions have warned that labour laws would be under threat.
The measure is part of an omnibus bill that makes a slew of other changes, including stripping protections for endangered and threatened species. Environmental groups and the Toronto Zoo have warned this will lead to extinctions.
Farmers, who largely support the Progressive Conservative government, have also spoken out against the bill. The Ontario Federation of Agriculture said the broad powers “could override vital protections for farmland and agricultural systems.”
Several First Nation leaders said Wednesday there was nothing the government could do to rectify the bill.
“I believe it is too late,” said deputy Grand Chief Anna Betty Achneepineskum of Nishnawbe Aski Nation, which represents 49 First Nations including those in the Ring of Fire.
“They have not acknowledged our request, our demands and our position to start over again so that we can be there as the rightful treaty people of Ontario.”
NDP deputy leader Sol Mamakwa, who represents the northern Ontario riding of Kiiwetinoong that is home to many First Nations and the Ring of Fire, said that Ford is not listening to their concerns.
“This is not the wild, wild west,” he said, surrounded by several people who flew in from various communities in his riding.
“We are the ones that live in these communities on these lands. He does not live in those lands … you cannot vote, legislatively bulldoze your way. These are the people that will stop that bulldozer coming north.”
Ford’s government fast-tracked the bill and limite third-reading debate, and while the opposition parties tried to stall the bill at the committee stage, it returned to the legislature Wednesday afternoon for the third reading and final vote.
In response to the growing backlash, Indigenous Affairs Minister Greg Rickford and Mining Minister Stephen Lecce said late last month that the province would amend Bill 5 to explicitly include duty to consult provisions throughout the legislation.
That amendment did not end up making it in the bill due to the tactics the Liberals used in committee.
Ontario Liberals table 4,000 amendments to stall controversial Bill 5
Ford said it’s unfortunate that opposition parties wanted to “drag this out,” but his government will consult with First Nations over the coming months.
“When it comes to duty to consult, which is very important, and we are going to do it, if they have an equity partnership it moves like greased lightning,” he said.
