“Lawless” Economic Zones Are an Assault on Treaty No. 9 Rights-Holders

Guest blog by: Charles Hookimaw, Member of Kattawapiskak (Attawapiskat) 

Canada and Ontario are promoting "nation-building" projects and "special economic zones" while disregarding the rights, lands, and waters of the affected Rights-Holders. Nowhere is this disregard clearer than in the Ring of Fire region on Treaty No. 9 lands in Ontario's far north.

Through new federal and provincial legislation, governments are attempting to fast-track resource development without the consent of Treaty No. 9 Rights-Holders. These actions raise serious legal, constitutional, and environmental concerns. If allowed to proceed, they risk undermining Treaty rights, infringing on inherent rights, and causing lasting harm to one of the country’s most fragile ecosystems.

The Ring of Fire Is Not a Nation-Building Project

Under the federal government’s Bill C-5, projects deemed to be in the “national interest” can potentially bypass existing safeguards This framework could allow the Ring of Fire to be fast-tracked as a so-called nation-building project.

Authority over this region does not rest with Ottawa or Queen’s Park. It rests with Treaty No. 9 First Nations and Rights-Holders. Any discussion or decision made without our Free, Prior, and Informed Consent (FPIC) is unacceptable. These lands are not vacant, nor are they a resource bank for political timelines or corporate profit. They are governed by Treaty and protected by inherent rights that existed long before Canada.

Calling the Ring of Fire a nation-building project does not make it one. It only disguises the continuation of colonial extraction under a modern slogan.

Photo of Kattawapiskak Sipi, Bear Island Location, courtesy of Charles Hookimaw.

Special Economic Zones: A Dangerous Precedent

Ontario’s recently passed Bill 5, which enables the creation of Special Economic Zones (SEZs), represents one of the most alarming threats to Indigenous rights in recent memory. SEZs allow the province to suspend or bypass laws in the name of economic development. Applied to the Ring of Fire, they amount to economic experimentation on Treaty lands without consent.

The Premier of Ontario does not have the authority to unilaterally override Treaties. SEZs raise questions about compliance with Treaty No. 9, FPIC obligations, and the recognition of inherent rights. They send a dangerous message: that First Nations rights are inconveniences to be managed rather than binding legal and moral obligations.

“Nation-Building” While First Nations Lack Clean Drinking Water

Governments frequently speak of prosperity and global competitiveness, often pointing to critical minerals as sources of economic opportunity. Yet many First Nations communities still rely on reverse osmosis dispensaries or bottled water to access something most Canadians take for granted: clean drinking water. Ontario has historically had the highest number of long-term drinking water advisories in the country.

Communities such as Neskantaga, Kashechewan, and Attawapiskat continue to live under short- and long-term advisories. These are not temporary failures; they are systemic ones, rooted in decades of neglect and chronic underfunding of water and wastewater infrastructure, as well as outdated or improperly designed treatment systems.

How can Canada claim leadership on the world stage while failing to meet the most basic human needs of Indigenous Peoples? Before governments discuss mining wealth, they must fulfill their most basic obligations to Treaty No. 9 Rights-Holders. Clean drinking water is not optional or debatable; it is a fundamental human right.

We Have Seen This Before

The Ring of Fire is being marketed as an unprecedented economic opportunity. Rights-Holders have heard this promise before during the De Beers Victor Mine era. The result was predictable: resources were extracted, profits were exported, and First Nation communities were left behind. In fact, the Ontario government did not adequately ensure that De Beers complied with environmental regulations, resulting in a lack of effective regulatory oversight.

For Rights-Holders, this was nothing less than state-sanctioned theft from our traditional homelands. For us, our resources and water are not a commodity to be traded for development promises.

Photo of Kattawapiskak Sipi, Bear Island Location, courtesy of Charles Hookimaw.

Protecting the Web of Life

Bill 5 removed some of the most important environmental protections, including the Endangered Species Act, 2007, which it replaced with the Species Conservation Act, 2025. The new act fails to adequately protect species at risk, particularly those affected by Special Economic Zones. As a result, species that depend on and help sustain a healthy environment are left with little to no legal protection.

The waterways surrounding the Ring of Fire including Kattawapsiak Sipi (Attawapiskat River), Ekwan, Winisk, and countless interconnected streams form a living system that sustains entire ecosystems. These waters support insects, plants, trees, fish, and wildlife such as moose, caribou, otters, muskrats, and beavers. They also sustain Treaty-protected ways of life.

Disrupting these interconnected pristine systems will cause irreversible harm, with consequences that will last for generations to come. 

Undermining Rights and Environmental Safeguards

Ontario Regulation 373/25, enacted under the SEZ Act, allows for project approvals without explicitly requiring FPIC. This raises concerns regarding compliance with Treaty No. 9, Section 35 of the Constitution Act, 1982, and the principles of the United Nations Declaration on the Rights of Indigenous Peoples.

As of January 1, 2026, this regulation allows exemptions from environmental protections in some of the most pristine areas of the province. It enables single-project approvals with wide-reaching impacts, while offering no assurance that affected First Nations have decision-making authority or the right to say no.

The regulation also relies on so-called “trusted proponents,” stripping away transparency and accountability. Mining companies are expected to self-regulate ethically, even as the rules designed to protect lands and waters are removed. Profit, not protection, is clearly the priority.

What Must Happen Now

Governments must act immediately and honourably. At a minimum, they must:

• Rescind Ontario’s Bill 5 and withdraw any Special Economic Zone designations in the Ring of Fire.

• Ensure the Ring of Fire is not designated as a nation-building or major project under Bill C-5.

• End the short and long-standing drinking water advisory in First Nation communities without delay.

• Guarantee safe, drinkable water in all Attawapiskat First Nation homes.

• Amend Ontario Regulation 373/25 to require Free, Prior, and Informed Consent, restore environmental protections, and uphold Spirit and Intent of Treaty No. 9.

Final Word

Canada’s Bill C-5 and Ontario’s Bill 5 raise serious legal and ethical concerns without the consent of affected Rights-Holders. Proceeding without FPIC risks violating constitutionally protected First Nations rights and undermines Canada’s credibility.

Anything less than full respect for Treaty No. 9, inherent rights, consent, and our homelands is unacceptable.

Disclaimer: Guest blogs on the AEL Advocacy website reflect the views and opinions of the author and do not necessarily represent the official positions or policies of AEL Advocacy.