Bill 5, Protect Ontario by Unleashing Our Economy Act, 2025 - A Critical Overview of the Lack of First Nation’s Consultation and Free, Prior, and Informed Consent

Guest blog by: Charles Hookimaw, Member of Attawapiskat First Nation

Co-Authors: Kira Berkeley & Krystal-Anne Roussel

With ongoing talks about Truth and Reconciliation with the First Nations, one might expect the Ford Government to approach the introduction of Bill 5: Protect Ontario by Unleashing Our Economy Act, 2025, differently—perhaps by having prior discussions with First Nations on the proposed bill. However, this is not the case; rather, it is another example of colonial legislation that disregards their rights.

We have a Provincial Government that operates without engaging in First Nations’ consultation and without securing Free, Prior and Informed Consent. These are crucial processes for ensuring proper and genuine First Nations' engagement. The rights of First Nations are enshrined in section 35 of the Constitution and cannot be compromised by any government. The Ford Government cannot simply ignore First Nations and bulldoze through colonial processes.

First Nations hold inherent rights, Treaty 9 rights, and title to land; these are vital elements that must be preserved, protected, and respected. With this bill, there are potential legal ramifications that will likely end in courts. AEL Advocacy echoes these concerns, noting that environmental deregulation and the fast-tracking of development—especially in ecologically sensitive areas like the Ring of Fire—frequently disregard Indigenous governance systems and threaten ecosystems, species, and communities alike.

Charles Hookimaw, a community member of Kattawapiskak (Attawapiskat) and a freelance Indigenous advisor and advocate, has expressed his concerns to the Ontario government. He has not seen any real engagement by the government officials other than what is posted on the Environmental Registry of Ontario, which neither applies to nor meets the requirements of First Nation consultations.

On April 22, 2025, Charles Hookimaw provided his comments on the proposed interim changes to the Endangered Species Act, 2007 (ESA) and the introduction of the Species Conservation Act, 2025, stating: 

“It is vital that First Nations' traditional knowledge is crucial for effective species conservation in the Ring of Fire region. Our First Nation communities have coexisted with these ecosystems for generations and possess invaluable insights into local biodiversity. As a member of Kattawapiskak (Attawapiskat), I urge you to incorporate traditional ecological knowledge into both the ESA and the proposed Species Conservation Act. This integration will enhance conservation efforts by ensuring that they are culturally relevant and scientifically sound.” 

Last year, Charles Hookimaw and Krystal-Anne Roussel, a lawyer from AEL Advocacy, filed a complaint with the United Nations Human Rights Council (UNHRC) regarding Canada's ongoing violations of Attawapiskat’s fundamental rights to safe drinking water and sanitation. With Ford's reckless bill, how will this impact Attawapiskat headwaters and watersheds–the pristine water they need for healthy and clean sources to sustain their way of life? Water is life and it is important to the Kattawapiskak people. Ontario must withdraw Bill 5 and respect First Nation rights. The Ontario Government cannot afford to displace or negatively impact the Kattawapiskak Sipi (Attawapiskat River) water sources from critical mineral exploitation and developments.

On May 2, 2025, Charles Hookimaw sent another letter, expressing his deep frustration at how the Ford Government is forcing Bill 5:

“As a member of Kattawapiskak, I want to reiterate that you have not obtained my Free, Prior, and Informed Consent. The proposed policy will undermine First Nations rights and basically disregard the Sovereignty of our Nation. You have failed to respect and uphold the Honour of the Crown. This absurd legislation will create more conflict with First Nations and not bring any reconciliation.”

This bill not only violates First Nations' rights but also has environmental implications that could be disastrous for the preservation of biodiversity. AEL Advocacy has similarly submitted comments opposing the bill, highlighting the disastrous effects that Schedules 2 and 10 of the bill will have on endangered species, and the serious concerns that arise from the proposed “special economic zones” proposed in schedule 9. 

The bill is being rushed through the legislature – only introduced on April 17, 2025, less than three weeks later it has already passed second reading and been referred to the Standing Committee on the Interior. As provincial member of parliament (MPP) Alexa Gilmour from the New Democratic Party stated during the Bill 5 debates: 

“As we have seen in so many of the ways that this government has gone forward on things, we are rushing through a bill that is not in the best interest of our shared future. At this time, for the sake of that shared future, for settler-Indigenous relations, we cannot pass this bill. I encourage instead the members opposite us to look to decoupling this bill, taking another look and certainly not giving the special economic zones as part of this bill.” 

She then goes on to say: 

“First Nations’ free, prior, and informed consent is not red tape, and it cannot be on the chopping block.” 

We encourage you to speak up against Bill 5 by following AEL Advocacy’s action brief and sending an email to your MPP. Indigenous sovereignty, environmental protection, and animal wellbeing are all under threat—our collective future depends on rejecting this dangerous bill.