Last week’s introductory instalment used Auditor General Bonnie Lysyk’s report along with publicly-available data from the Association of Municipalities of Ontario (AMO) to show the land swaps were unnecessary to hit current housing targets, given there are 88,000 acres already in development plans across the Greater Toronto and Hamilton Area (GTHA). Across 19 large Ontario municipalities there is land that is already serviced and has the required permitting such that 285,000 units could be built immediately already.
This week we look deeper into one of the specific failures of the process exposed by the Auditor General: The neglect and dereliction of duty by Doug Ford’s government in its consultation, or lack thereof, with the Indigenous peoples of Ontario who will be negatively impacted by the planned Greenbelt land changes. This element of the Greenbelt story is emblematic of how Premier Ford’s government ignores the voices of those whose input they do not already agree with.
The Constitution Act of Canada is a part of our Constitution that was enacted in 1982 and is a crucial piece of legislation. While we love a deep dive into the history of Canada’s Constitution, what is important for today is that this act recognized and reaffirmed Aboriginal rights in Canada. Specifically, it guaranteed that existing Aboriginal and treaty rights of the Aboriginal Peoples of Canada will be upheld by our federal and provincial governments. As part of this, provincial governments have a Duty to Consult with Indigenous peoples when considering decisions that might negatively impact the rights of First Nations peoples. Yet, in everything related to this Greenbelt land decision, Ford’s government chose not to oblige.
It is quite something when you need nothing more than a government’s own website to learn how thoroughly it ignored its constitutional obligations. A quick search on ontario.ca indicates that the government has a Duty to Consult when it “contemplates an action that may impact asserted or established Aboriginal or treaty rights.” Further, when this duty is triggered, the onus is on the Crown (Ontario in this case) to properly assess the potential impact an action may have on Indigenous rights and treaty rights. It must also provide timely information to affected First Nations communities, listen to any concerns that are raised by these communities, and work with them to reach a solution that avoids or minimizes the potential adverse impacts of any action being taken.
Unfortunately, it’s pretty hard to do all of that when you’re ramming legislation through in a span of weeks. And, according to Ryan Patrick Jones of the CBC, a coalition of First Nations leaders feel strongly that Ontario’s government absolutely fell short. In his report released Thursday, Aug. 17, Jones indicated the Chiefs of Ontario, an organization which advocates for 133 First Nations in Ontario, believe the government did not properly consider the need for consultation and they have called for the resignation of Ontario’s housing minister and his chief of staff.
Canada and Ontario have a sad and long history of ignoring the rights of Indigenous peoples and the actions of the Ford government have demonstrated a disregard for these rights once again. According to the recent Auditor General’s report, the Housing Ministry sent emails in November 2022 to the Chiefs and Indigenous leaders of 12 Nations that stood to be impacted by the proposed Greenbelt land changes, inviting them to meet on the matter if desired. Unfortunately, this contact came barely one month before Cabinet pushed through its decision on the Greenbelt removals and the invitation to meet, for most, was an empty one.
In spite of the short time given, according to the AG report, several of the Indigenous communities did voice their opposition to the Greenbelt land removals. They expressed very real concerns that the removals could permanently harm water systems and the ecological health of areas available to First Nations for exercising their protected treaty harvesting rights. And yet, in direct contradiction of their constitutional obligation, the Ministry failed to listen to these concerns. It didn’t conduct proper assessments of how the land might be impacted and it didn’t work with representatives of Indigenous communities to find solutions to minimize potential adverse effects of the land changes. In fact, it only met with representatives of three Nations and one of these meetings took place in January 2023, after Cabinet had already passed regulations to remove the land from the Greenbelt.
Adding to the insult of this Greenbelt decision and the blatant disregard for Indigenous peoples in the process, is the fact that the treaty rights of Nations impacted had recently been reaffirmed in the Alderville litigation, a 2018 court case involving Canada, Ontario and the seven Nations of the Williams Treaties. These Nations filed litigation in 1992 and fought for recognition of their treaty harvesting rights in these lands for over 20 years, along with compensation for past wrongs and injustices. As part of a settlement reached in September 2018, the Canadian and Ontario governments apologized for treaty violations, recognized continuing treaty harvesting rights, and pledged to work together with the Nations of the Williams Treaties to implement these rights.
In September 2018, Ontario’s Minister of Indigenous Affairs was the very same man who sits in that post today, the Hon. Greg Rickford. In the autumn of 2018 Mr. Rickford said “this settlement is an important step in the reconciliation between Williams Treaties First Nations and the people of Canada and Ontario.”
Reconciliation and the rebuilding of trust between settlers and Indigenous peoples of Canada needs to be an earnest process that continues to play out over time. In 2018 it seemed Mr. Rickford understood the value of taking that type of action. In its decision to ignore the Auditor General’s recommendation to revisit the land swaps, the Ford government is the most recent edition of a centuries-old story of ignoring the Treaty rights of impacted Indigenous nations.
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This is an ongoing series by brothers Donald and Stewart Skinner following the Aug. 9, 2023 Auditor General’s report on the Ontario government’s decision to remove 15 parcels of land from Ontario’s Greenbelt.
