Nine First Nations in Ontario are pursuing a court injunction against newly passed laws designed to fast-track infrastructure projects. They assert that provincial Bill 5 and federal Bill C-5 pose a significant threat by allowing unilateral project approvals without proper consultation. The First Nations claim that these legislations violate constitutional obligations related to reconciliation and treat consultation promises as misleading. They emphasize that the laws contain unconstitutional exclusions for First Nations and seek to have them overturned in court, alongside seeking formal declarations from the government regarding their implementation.
Both provincial Bill 5 and federal Bill C-5 represent a clear and present danger to the First Nations by allowing unengaged, unilateral project approvals by the Crown.
The authorized exclusions of First Nations contained in the legislation are viewed as unconstitutional, undermining the Crown's obligation to advance reconciliation.
The First Nations contend that promises of meaningful consultation are deceptive, asserting that the laws authorize actions that fundamentally oppose genuine engagement.
Bill C-5 permits quick approval of major projects like mines and pipelines that are deemed in the national interest, while Ontario's bill allows suspension of local laws.
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