Even as First Nations leaders across Ontario’s far north demand to meet with Canada and Ontario over new laws that enable lawless resource development in their territory, their Charter challenge is gathering steam, while other chiefs say the time to resist is “now or never.”
Nishnawbe Aski Nation chiefs in assembly unanimously passed a resolution in camera on Wednesday entitled, “Action Plan To Resist Priority Projects That Lack Free, Prior, and Informed Consent of NAN First Nations.” The content of that resolution is secret, but the preamble mentions both the federal Bill C-5 and Ontario’s Bill 5, which passed this summer.The bills allow Cabinet to favour some industrial projects as being in the “national interest,” then designate land as “special economic zones,” where proponents become exempt from environmental and labour laws.
“We’ve called on Canada and Ontario to create a forum where these respectful discussions can happen with our communities and NAN,” said NAN Grand Chief Alvin Fiddler,. “Respectful relationships are based on trust – on mutual trust – and right now, that relationship isn’t there.”
Fiddler pointed to an incident at Tuesday’s Committee of the Interior meeting, in which Kiiwetinoong MPP Sol Mamakwa, who represents most of NAN territory, questioned Indigenous Minister Greg Rickford on how much money Ontario had invested in Bill 5 consultations. In response, Rickford questioned Mamakwa’s understanding of the law, insinuating the Anisininew MPP had not attended law school.
“We heard Minister Rickford a few days ago at a committee hearing talk in a very condescending way with MPP Sol Mamakwa, which some of us can even describe as being racist – the supremacy attitude this government has when it comes to First Nations people, including our parliamentarians – and that is unacceptable. That’s something we do not accept,” Fiddler said.
In open session, chiefs of the 49 First Nations in Treaties 9 and 5 that make up NAN were vocal that they feel Bill C-5 and Bill 5 pose an existential threat, as they appealed for a more firm response.
“Let’s stand up now. This is about our rights,” said Attawapiskat First Nation Chief Sylvia Koostachin Metatawabin. “It doesn’t matter if you’re for development or against development. This is about who we are – our sovereignty. Our rights are on the line here. They’re proceeding without us, and it’s not right. They’re violating our jurisdiction. They’re violating the very essence of who we are. That’s what I’m saying with everything we’re doing. We have to fight the fight. It’s now or never.”
Eabametoong First Nation Chief Soloman Atlookan proposed declaring a stoppage on any development across the territory until Ontario accepts NAN’s terms.
“Can’t we do something more direct and more, I guess, as a group as to say no more of this? No more planning until such time as you sit down with us. What I’m saying is put a moratorium over the whole Treaty #9. I don’t know if it’s possible, but it could be if we were all together.”
Mishkeegogamang First Nation Chief Merle Loon says the relationship between Ontario and First Nations has become so strained that even in meetings the province claims don’t count as consultation, his leadership holds to a strict script to defend itself from claims that the meetings may be legally-interpretable as consultation in the future.
“I said to the province, ‘At no time are we going to make a comment, ask any questions, or even entertain your questions. But we’ll listen. Once we complete that, you’ll listen to our statement and we’ll not accept any questions, nor entertain any of your comments. And we’ll keep it at that.’”
The resolution comes as First Nations who are asking Ontario’s courts to strike down Bill 5 as unconstitutional are attempting to bolster support.
In July, nine First Nations filed an application with the Superior Court of Justice, arguing Bill 5 violates their Charter rights to life, liberty, and security of the person.
Lawyer Kate Kempton from Woodward & Company LLP, who is representing those nine First Nations, told the chiefs that the bills are setting back decolonization and reconciliation efforts 40 years. While she believes the case can win, she believes First Nations will have no future recourse against the law if they fail to act now.
“This is the kind of power that dictators give themselves. I think people in Canada have just become so distracted by so much noise and information out there, because I don’t know why every Canadian isn’t jumping up and down, mortified by this,” Kempton said.
“It’s a move totally against democracy. But it’s absolutely a move against decolonization. You’ll be kept in the dark, your territories and things you’re trying to get your jurisdiction over will be subjected to unfettered, wild-west decision-making that will be very difficult to challenge in court because it’s made at the cabinet level.”
Aroland First Nation Chief Sonny Gagnon, whose community is among those nine, is leading an effort to double the number of First Nations signed on, by December 31. He said ideally, all NAN communities should show unity in the face
“You cannot fight a battle without having all 49 communities involved,” he said. “Bill 5 and C-5 are going to impact pretty-well all First Nations. I don’t see why we can’t fight this collectively. I didn’t hear any opposition to it. We’ll see in a couple of days who will be joining us.”
