Source: The Conversation – Canada – By Martina Jakubchik-Paloheimo, Postdoctoral Research Fellow, Environmental and Urban Change, York University, Canada
Despite provincewide protests, Ontario’s Bill 5 officially became law on June 5. Critics warn of the loss of both environmental protections and Indigenous rights.
The law empowers the province to create special economic zones where companies or projects don’t have to comply with provincial regulations or municipal bylaws.
Bill 5, also known as the Protect Ontario by Unleashing our Economy Act, reduces the requirements for environmental assessment. By doing so, it weakens ecological protection laws that safeguard the rights of Indigenous Peoples and at-risk species.
Indigenous rights and Indigenous knowledge are critical for planetary health. But the bill passed into law with no consultation with First Nations. Therefore, it undermines the duty to consult while seemingly favouring government-aligned industries.
Indigenous Peoples have long stewarded the environment through sustainable practices that promote ecological and human health. Bill 5’s provisions to allow the bypassing of environmental regulations and shift from a consent-based model to one of consultation violate Aboriginal and Treaty rights. Métis lawyer Bruce McIvor has described the shift as a “policy of legalized lawlessness.”
Compounding environmental threats
Wildfires that are currently burning from British Columbia to northern Ontario are five times more likely to occur due to the effects of climate change caused by the burning of fossil fuels.
On the federal level, Bill C-5, called the Building Canada Act, was introduced in the House of Commons on June 6 by Prime Minister Mark Carney. This bill further compounds the threat to environmental protections, species at risk and Indigenous rights across the country in favour of resource extraction projects.
It removes the need for the assessment of the environmental impacts of projects considered to be of “national interest.”
Ring of Fire — special economic zone?
Ford and Carney want to fast-track the so-called Ring of Fire mineral deposit within Treaty 9 territory in northern Ontario by labelling it a “special economic zone” and of “national interest.” The proposed development is often described as a potential $90 billion opportunity.
But scientists say there are no reliable estimates of the costs related to construction, extraction, benefit sharing and environmental impacts in the Ring of Fire.
The mining development could devastate traditional First Nations livelihoods and rights. It could also worsen the effects of climate change in Ontario’s muskeg, the southernmost sea ice ecosystem in the world.
Northern Ontario has the largest area of intact boreal forest in the world. Almost 90 per cent of the region’s 24,000 residents are Indigenous. The Mushkegowuk Anniwuk, the original people of the Hudson Bay lowlands, refer to this area as “the Breathing Lands” — Canada’s lungs. Cree nations have lived and stewarded these lands for thousands of years.
Journalist Jessica Gamble of Canadian National Geographic says the James Bay Lowlands, part of the Hudson Bay Lowlands, are “traditional hunting grounds” and “the largest contiguous temperate wetland complex in the world.”
This ecosystem is home to 200 different migratory bird species and plays a critical role in environmental health through carbon sequestration and water retention. The Wildlands League has described the area as “home to hundreds of plant, mammal and fish species, most in decline elsewhere.”
Northern Ontario, meantime, is warming at four times the global average.
Jeronimo Kataquapit is a filmmaker from Attawapiskat who is spearheading the “Here We Stand” campaign in opposition to Bill 5 with Attawapiskat residents and neighbouring Mushkegowuk Nations and Neskantaga First Nation. As the spokesperson for Here We Stand, he said: “Ontario’s Bill 5 and Canada’s proposed national interest legislation are going to destroy the land, pollute the water, stomp all over our treaty rights, our inherent rights, our laws and our ways of life.”
Endangered species — polar bears
But there has been a 73 per cent decline in wildlife populations globally since the 1970s, according to the World Wildlife Fund. In Canada, species of global concern have declined by 42 per cent over the same time. Canada’s Arctic and boreal ecosystems, once symbols of the snow-capped “Great White North,” are now at risk.
Polar bears, listed as threatened under the Ontario Endangered Species Act and of “special concern” nationally, are particularly sensitive to human activities and climate change. Polar bears and ringed seals are culturally significant and serve as ecological indicators for ecosystems.
Melting sea ice has already altered their behaviour, forcing them to spend more time on land.
Cree First Nations in Northern Ontario’s biodiverse Treaty 9 territory are collaborating with federal and provincial governments and conservationists to protect polar bears. Right now, there is recognition of the importance of Cree knowledge in planning and the management of polar bears.
The new Ontario law removes safeguards protecting the province’s endangered species, such as the Endangered Species Act. It strips key protections for at-risk wildlife, such as habitat protections, environmental impact assessments and ecosystems conservation.
Climate change and weaker environmental protections will lead to irreversible damage to our environment and biodiversity. The ecosystem services that each animal, insect and plant provides — like cleaning the air we breathe and water we drink — are essential for a healthy province.
The impact of Bill 5 and C-5 on these species is likely to be severe.
Short-term gains at the expense of long-term damage
Ontario could benefit from improved infrastructure and economic growth, but development requires careful planning and collaboration. It should rely on innovative science-based solutions, especially Indigenous sciences. And it should never infringe on Indigenous rights, bypass environmental assessments or threaten endangered species.
While Bill 5 commits to the duty to consult with First Nations, it falls short of the free, prior and informed consent required by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Since becoming Canadian law in June 2021, the federal government has been obligated to align its laws with UNDRIP.
With Bill 5 in place, some of Ontario’s major projects may be fast-tracked with minimal safeguards. Both Bill 5 and the proposed C-5 prioritize short-term economic gains that will cause irreversible environmental damage and violate legal obligations under UNDRIP.
Lawrence Martin, Director of Lands and Resources at the Mushkegowuk Council, contributed to this article.
Martina Jakubchik-Paloheimo works in the Faculty of Environmental and Urban Change (EUC) at York University as a Postdoctoral Fellow, facilitating a collaborative project on human-polar bear coexistence in Hudson Bay and James Bay.
– ref. ‘Canada is not for sale’ — but new Ontario law prioritizes profits over environmental and Indigenous rights – https://theconversation.com/canada-is-not-for-sale-but-new-ontario-law-prioritizes-profits-over-environmental-and-indigenous-rights-258553
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