Rudy Turtle says the people of Grassy Narrows First Nation will never stop defending the land.
In the case of Ontario’s Bill 5 — proposed legislation aimed at expediting development — he says “we’re not going to back down.”
“We need to continue to protect our environment and make sure that things are done properly,” said Turtle, former chief of Grassy Narrows. “Any changes that are made at any time, we have to really look at the pros and cons.”
Turtle is chair of the First Nations Land Defence Alliance, a group of First Nations that’s been pushing back against development without Indigenous consultation. This includes the surge of mining claims staked in northwestern Ontario using the province’s online, free-entry system.
Northwestern Ontario is home to the Ring of Fire, a crescent-shaped mineral deposit in the James Bay lowlands that’s long been eyed as a critical source for the electric vehicle battery industry.
According to the Wildlands League, a not-for-profit conservation organization, more than 40,000 mining claims have been staked in the Ring of Fire area — a 60 per cent jump since 2022.
Under Bill 5, the Ring of Fire could become designated as a special economic zone, where those considered to be trusted proponents could conduct business while being exempt from provincial or municipal laws and regulations, including requirements for permits.
The province says Bill 5, called the Protect Ontario by Unleashing our Economy Act, will reduce red tape by making it easier for developments to get off the ground.
But dozens of First Nations leaders and advocates across the province are questioning what this means when it comes to Indigenous consultation and environmental protections.
“They’re saying that Native people will prosper,” said Turtle. “We’ve never benefited from an industry coming into our area.”
“We always end up [with] the short end of the stick.”
‘This is so wrong’
Bill 5 was introduced by Ontario Minister of Energy and Mines Stephen Lecce last month. In addition to the creation of special economic zones, it would revoke a number of regulations related to development and procurement, and change just under a dozen provincial laws.
Through this legislation, the Endangered Species Act would be replaced with a new Species Conservation Act, which “introduces tougher penalties, including hefty fines, jail time and additional compliance tools, ensuring no tolerance for bad actors,” Hannah Jensen, a spokesperson for the premier’s office, told CBC News in an email.
On Thursday, Ontario’s standing committee of the interior debated Bill 5 before holding the first public hearing about the legislation.
Sol Mamakwa, the NDP MPP for Kiiwetinoong and a member of Kingfisher Lake First Nation, describes the bill as “a step backwards.”
“It’s very colonial, very oppressive,” Mamakwa said. “This is so wrong.”
The provincial government says the bill aims to respond to economic threats coming from U.S. President Donald Trump, while maintaining high environmental standards, labour laws and the province’s duty to consult with First Nations.
They’re saying that Native people will prosper. We’ve never benefited from an industry coming into our area.– Rudy Turtle, chair of the First Nations Land Defence Alliance
“Projects streamlined through our proposed special economic zones are also of common interests for First Nations — they support legacy infrastructure and will unleash additional economic opportunity by bringing road construction, hydro hookups, healthcare, schooling, jobs and other services back to their community,” said Jensen.
For Mamakwa, it comes down to competing definitions of economic reconciliation.
“When we talk about economic reconciliation, it is not the same as inherent Aboriginal and Treaty rights,” he said. “The government can certainly invest as much as it wants in economic reconciliation, but without first and foremost respecting the rights of First Nations rights holders, these projects cannot move forward.”
More than 130 written submissions were received by the standing committee about Bill 5, said Mamakwa, and an unprecedented number of speaker requests.
Thursday’s meeting saw presentations from numerous First Nations leaders in the northwest, including Nishnawbe Aski Nation, Anishinabek Nation, Sandy Lake First Nation and Neskantaga First Nation.
“Ontario is claiming they are fast-tracking this legislation and eliminating red tape to respond to tariffs and global economic instability. However, it is clear their goal is to fast-track development in our territories, and eliminating red tape really means eliminating our rights,” said Nishnawbe Aski Nation’s Grand Chief Alvin Fiddler in a news release issued Thursday.
A final public hearing will be held Monday before the bill is debated, amended and put forward for a third reading, which Mamakwa expects will happen the first week of June before the legislature rises for the summer.
Replacing the Endangered Species Act
Grassy Narrows First Nation is known for its more than 20-year blockade against clear-cut logging in its territory. Its members understand the impact of industrial pollution first-hand, after the Dryden Paper Mill dumped about nine tonnes of mercury into the English-Wabigoon River System in the 1960s and ’70s.
About 90 per cent of the First Nation’s members experience symptoms of mercury poisoning as a result.
One of Turtle’s main concerns with Bill 5 is the repeal of the Endangered Species Act. He used the example of the removal of wolves from Yellowstone National Park in the U.S. and how that disrupted the entire ecosystem for decades.
“There’s a real environmental impact any time the environmental chain is broken,” he said. “That’s why many of our people are speaking up, because they know that.”
Anna Baggio, conservation director for the Wildlands League, describes the government’s proposed Species Conservation Act as a “shell” of the Endangered Species Act.
It is clear their goal is to fast-track development in our territories, and eliminating red tape really means eliminating our rights.– Nishnawbe Aski Nation’s Grand Chief Alvin Fiddler
“They’ve narrowed the definition of habitat to only focus on nests and dens. They have eliminated recovery and protection objectives for species. They are going to allow harmful activities to go ahead, as long as the proponent registers first,” she said.
However, the provincial government says the legislation includes “an enhanced Species Conservation Program, which will directly invest $20 million each year in projects to conserve and protect species across Ontario, quadrupling current funding.”
Court challenges, protests on the horizon
Several First Nations in the region have already taken the Ontario government to court over its Mining Act, including Grassy Narrows. A dozen Treaty 9 First Nations are also suing the province over the way resource and land management decisions are made in the region.
Three First Nations in Treaty 9 have already said they’ll challenge Bill 5 if it’s passed in the legislature.
Jason Rasevych, president of the Anishnawbe Business Professional Association and a member of Treaty 9 community Ginoogaming First Nation, called Bill 5 an example of “political theatre.”
“We knew it wasn’t going to be viable, that it was impossible to do without the government approaching it from an aspect of achieving free, prior and informed consent of communities,” he said.
He anticipates developments fast-tracked through Bill 5 may also end up in the courts, he said.
Meanwhile, Mamakwa says he expects resistance from First Nations will play out “not just in the courts; it’ll be on the land.”
The First Nations Land Defence Alliance has led multiple protests outside of Queen’s Park over developments without Indigenous consultations.
A citizens’ protest of GTA residents against Bill 5 is already planned for Friday afternoon at Premier Doug Ford’s office at 4 p.m. ET.
“The protests will not stop, and I believe that it will just get louder,” said Turtle.
