Bill 5 (Protect Ontario by Unleashing Our Economy Act) continues to raise concerns around issues of oversight and democratic procedures, despite its rapid passage. Coalition to Repeal Bill 5, an informal coalition of individuals and groups from southwestern Ontario has formed to explore these concerns through the voices in the community that will be affected. The coalition invites readers to learn about Bill 5, along with them in this series of opinion articles
Indigenous Voice and Consent
Submitted by Cory Bilyea, an Indigenous journalist working for Midwestern Newspapers. She is a member of the Six Nations of the Grand River, better known as Onkwehonwe, the original people. Cory is a survivor of intergenerational trauma caused by residential schools.
The Ontario Government says it will honour the duty to consult Indigenous People, but what exactly does that mean? How they plan to conduct this consultation is a mystery, as the government itself isn’t clear on what that looks like. The current passage of Bill 5 leaves more doubts than assurances that the government will actually put any real effort into fulfilling their duty.
As we wait with bated breath for the Ontario Legislature to return to work to see what happens next, it might be worth noting that settler governments have not practiced meaningful dialogue with First Nations in any way, shape, or form since 1492. A trail of broken treaties, forced relocations and the ever encroaching stream of settlers in need of more land don’t really help me to put my faith in their words now.
The fact that the resources they have already extracted from our Mother Earth have not now, nor ever benefitted Indigenous People, why would we believe that they will do so this time?
Bill 5 contains approximately 50,000 words. The word Indigenous appears eleven times. Four of those appearances replace the word ‘Aboriginal’ with ‘Indigenous’. So that leaves seven. That, in and of itself, is noteworthy and more than a little alarming.
To me, this means Indigenous People and consultation are not top of mind. Treaties are barely mentioned at all. The only mention of any treaty is in the Endangered Species Act/Species Conservation Act where it says, “For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing Aboriginal or treaty rights of the Aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.”
While Bill 5 acknowledges Indigenous and treaty rights, it does not detail specific measures to actively involve Indigenous communities in decision-making processes, such as those related to environmental assessments, species conservation, or land use. The effectiveness of these protections would depend on how the government implements the legislation in practice.
The Bill does not define or mandate the use of Indigenous protocols, such as community-led decision-making, cultural practices, or ceremonial processes, in project approvals or conservation efforts.
Although Indigenous traditional knowledge is mentioned in species classification, it is not integrated into other areas, such as environmental assessments, special economic zones, or energy procurement.
While the Bill acknowledges Indigenous rights and traditional knowledge in limited contexts, it does not comprehensively incorporate Indigenous protocols into its legislative framework. The reliance on constitutional protections and consultation mechanisms leaves the integration of Indigenous protocols largely dependent on how the government implements the legislation in practice.
The Original Peoples (specifically the Anishnaabe) of this land that is now called Canada have a set of principles called the Seven Grandfather Teachings.
Encompassed in the teachings are a set of principles from Anishinaabe culture guiding individuals and communities toward living a good life with peace and without conflict. The teachings are Wisdom, Love, Respect, Bravery, Honesty, Humility, and Truth.
In our culture, these guiding principles are the basis for everything we do, including how we ensure that the next seven generations will benefit from what we do today.
Here’s a breakdown of the teachings:
Wisdom is to cherish knowledge and use it for the good of the people.
Love is to know peace and to care for and protect others.
Respect is to honour all of creation and to give respect to receive it.
Bravery is to face challenges with courage and to do what is right, even when difficult.
Honesty is to be truthful in word and deed, and to be honest with oneself first.
Humility is to know one’s place as a part of the sacred creation and that one is not better than anyone else.
Truth is to know all these teachings and to act with sincerity.
As Indigenous communities continue to advocate for their rights and recognition, the implementation of this Bill will be closely watched to ensure that it does not undermine the principles of equity, justice, and partnership.
The path forward must involve not only consultation but also collaboration that honours Indigenous governance, cultural protocols, and the shared responsibility to protect the land and its resources for future generations.
For more information visit: repealbill5.ca
