Across Ontario, people are deeply concerned about the province’s decision to pass Bill 5 – a legislation that threatens Indigenous rights, environmental protections, municipal planning processes and fair labour standards. Now, Indigenous grassroots leaders, represented by environmental law non-profit Legal Advocates for Nature’s Defence (LAND) with support from Ontario Nature, are taking action to participate in the challenge of Bill 5 in court. They are seeking to intervene as ‘friends of the court’ and if granted intervener status, it means they will be able to bring forward their perspectives and lived experiences as rightsholders and land protectors who stand to be directly impacted by Bill 5.
Bill 5: Unchecked Powers, Lost Protections and Province-Wide Impacts
Despite overwhelming public opposition, the Government of Ontario passed Bill 5, the Protect Ontario by Unleashing Our Economy Act, in June. The reaction was immediate and resounding. Indigenous leaders, civil society organizations, environmental advocates, farmers and thousands of people in Ontario denounced the bill.
Bill 5 grants provincial ministers sweeping powers to declare Special Economic Zones (SEZs) anywhere in Ontario. These zones would allow industrial, infrastructure, commercial and energy developments to be pushed through without environmental safeguards, endangered species protections or provincial labour standards.
Most alarmingly, Bill 5 allows projects to proceed without the free, prior and informed consent (FPIC) from Indigenous Peoples – a direct violation of constitutionally protected and internationally recognized human rights.
Opposition against Bill 5 has been broad and cross-sectoral. More than 100 provincial and local organizations, including many members of Ontario Nature’s own Nature Network, signed a joint letter opposing Bill 5’s elimination of the Endangered Species Act. Action alerts by Ontario Nature and LAND to Premier Ford opposing Bill 5 drew more than 30,000 signatures.
In response, Indigenous grassroots leaders Michel Koostachin and Ramon Kataquapit from Attawapiskat First Nation are seeking to intervene in a constitutional challenge of Bill 5 brought by nine Treaty 9 First Nations. Michel and Ramon intend to share their unique perspectives with the Court in hopes of seeing the Bill struck down as unconstitutional.
Michel, a Cree knowledge keeper and founder of Friends of the Attawapiskat River, has long warned about the cultural and ecological consequences of unrestrained development. Ramon, founder of the Okiniwak Indigenous Youth Movement, brings a powerful youth-led perspective grounded in responsibility to future generations. Together, they are calling on the government to respect their rights and protect the Attawapiskat watershed that has sustained their communities since time immemorial.
Shane Moffatt, Ontario Nature's Conservation Campaigns and Advocacy Manager, is a settler living in Tkaronto (Toronto) on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples. He has been advocating for environmental justice for almost twenty years and holds an LLM from the University of Toronto. Shane was previously head of Greenpeace Canada’s nature campaign and has extensive experience advocating for legislative reforms, supporting impacted communities and empowering the public to act. Shane is an avid hiker and is frequently found exploring the forests and wetlands of Southern Ontario with his partner.
