Lack of consultation means Ontario's Bill 5 oversteps treaty obligations, Oneida chief says

Oneida Nation of the Thames Chief Todd Cornelius had hoped that the days of Canadian governments passing laws that affect Indigenous communities without consulting them were in the past.

Then Ontario's Bill 5 happened.

Cornelius said the sweeping bill — which became law Thursday — violates signed treaty provisions that requires consultations with Indigenous groups, he wrote in a statement released Wednesday.

"This is not only a political failure, it is a betrayal of the relationship between the Crown and our Nation," said Cornelius.

Passing the bill without sufficient consultation amounts to the Ontario government breaking the series of agreements the Haudenosaunee (also known as the Six Nations and Iroquois League) signed with the Crown prior to Confederation, known as the Silver Covenant Chain, he said.

"At this moment, the chain has been deeply tarnished," he said.

Bill 5, also known as the Protect Ontario by Unleashing our Economy Act, includes major changes to the province's endangered species and environmental protection laws. The bill creates "special economic zones" which override provincial and municipal laws for certain projects.

Premier Doug Ford has said the Ring of Fire mineral deposit in northern Ontario and his proposed tunnel under Highway 401 would be given that special status under the proposed law.

Cornelius, however, said he's concerned that in an attempt to clear the way for economic development, Bill 5 negates environmental protections that are important to people in Oneida.

"Oneida will not participate in a processes that diminish its sovereignty," he said. "Oneida is a nation, not a municipality or a stakeholder under Ontario law."

Cornelius said he's ready to meet with representatives of the Crown — in this case the Governor General.

CBC News contacted the office of Governor General Mary Simon for comment Friday, but did not receive a response.

Oneida is not the first Indigenous community in Ontario to speak out against Bill 5. Among the outcry were protests at Queen's Park over the past week. Facing pressure, the government did add "duty to consult" provisions to the bill.

At Queen's Park Wednesday, Indigenous Affairs Minister Greg Rickford said the duty to consult provision is being put forward to provide "greater certainty" despite it referring to existing Constitution rights for First Nations.

Rosalind Antone, a member of Oneida's elected council, was one of more than 30 members from Oneida who travelled to Queen's Park this week to protest the bill. About 20 of those who came were youth members.

"We aren't against development, but we need to be at those tables," said Antone. "It's no longer acceptable that these things are prescribed for First Nations."