Nine nations in Ontario seek an ordered court order by the Court that would prevent federal and provincial governments from using recently approved laws to accelerate infrastructure projects.
The constitutional challenge establishes the Provincial Law 5 and the Federal Law C-5 “both represent a clear and present danger” for the first nations, which include Attawapiskat, Fort Albany and Apitipi.
The first nations argue that both pieces of legislation authorize “the crown to cry unilaterally through projects without a significant commitment or no commitment to the first nations” and “violate the constitutional obligation of the crown to advance … reconciliation.”
The claim calls for consultation promises with indigenous communities a “smoke and reflex trick” and says that the “authorized exclusions” of the first nations contained in the legislation are “unconstitutional.”
“It is like a law that authorizes what in fact must be prohibited, such as authorizing the pilots of commercial airlines to fly drunks, without knowing the flight route and without having to interact with air traffic control,” says the claim.
“Both governments have tried to soften the effects of their laws saying effectively to the first nations:” Don’t worry, we will talk to you. “This is hollow.
The bill C-5 allows the federal cabinet quickly approve large projects that are considered in national interest. They include mines, ports and pipes.
The Ontario bill allows its cabinet to suspend provincial and municipal laws in “special economic zones”.
The first nations are asking the courts to reject the laws, they require that federal and provincial governments make a series of statements on how they were approved without the first nations or the Constitution, and pay $ 100 million in damages to the communities.
“A kind of penalty, if you, in the crown for not acting honorably,” said main lawyer Kate Kempton, who represents the first nations in the legal challenge, in an interview with CBC.
“And so, we simply apply precedents. There is no magic in the amount in dollars. It is a substantial amount because the violation in this case is substantial …”
The Doug Ford government has approved the controversial bill 5 that aims to accelerate mining projects and other developments in areas that are considered to have economic importance. As Lorenda Reddekopp of CBC reports, the movement has caused outrage among the groups of first nations and enhanc.
Kempton said that, although these laws “are supposed to go to the Trump administration maneuver” (a reference to the tariffs of the president of the United States), instead, they will turn Canada into “a nation prepared to” build, build babies “or” exercises, baby drills “despite the quite horrible consequences in this case if these bills are allowed to continue without verifying.”
Federal and Ontario governments have not yet commented on the claim in court.
CBC asked Prime Minister Doug Ford’s office about the legal challenge and received the following statement:
“We will continue to create a consensus with the first nations on shared priorities that include inherited infrastructure, roads of all stations and development of resources that support long -term prosperity.
“We have begun productive conversations with the first nations that share our vision of unlocking economic opportunities and critical infrastructure in their community, and these consultations will continue throughout the summer. These consultations will shape the regulations and criteria for new special economic zones and economic zones led by indigenous people.”
