Amendments to Bill 5 miss the mark, say Mushkegowuk chiefs

Ontario’s proposed amendments to Bill 5, aimed at quelling sustained criticism from First Nations, fails to address the actual issue: recognition of the requirement that any resource development project have the full, prior and informed consent of affected First Nations, says Mushkegowuk Council Grand Chief Leo Friday.

In the wake of criticism and threats of court challenges from First Nations leaders, the Ontario government announced a plan this week to amend the bill to ensure it includes consultation with First Nations.

“Adding clarification regarding ‘consultation’ does nothing to address the true issue of free, prior and informed consent,” said the Grand Chief. “We have seen the Crown dishonour the concept of consultation so that it has become essentially meaningless.”

Grand Chief Friday pointed out that the real Treaty 9, as orally-agreed-to, “guaranteed that we as Omushkego would be able to use our homeland as we always have, and that our traditional livelihoods would never be interfered with.

“Our ancestors never gave up our authority over our territories. There can be no resource development on Mushkegowuk territory, including in the Ring of Fire, without the full participation and consent of affected Mushkegowuk First Nations.”

This asserted rights of Omushkego were reinforced in a resolution passed by the special assembly of chiefs of Mushkegowuk Council held in Sault Ste. Marie on May 28.

The chiefs passed the resolution in the face of Ontario Bill 5 and Canada’s proposed National Interest legislation. Both acts have been drafted to fast-track resource development projects.

“Both pieces of proposed legislation threaten to undermine the Inherent, Aboriginal and Treaty Rights of the Omushkego,” the Mushkegowuk chiefs stated in their resolution.

The resolution passed at the special assembly on Wednesday directs the Mushkegowuk Council to work with its member Nations to:

• demand that Ontario withdraw Bill 5;
• demand that Canada withdraw the proposed National Interest legislation;
• advocate for the protection of the Inherent, Aboriginal and Treaty Rights of the Omushkegowuk; and
• make clear to the federal and provincial government that resource development projects in Mushkegowuk territory can only move forward with the full participation and consent of the affected Mushkegowuk First Nations.

Mushkegowuk Council is a regional organization that represents the collective interests of the Kashechewan, Fort Albany, Chapleau Cree, Missanabie Cree, Moose Cree, Taykwa Tagamou and Attawapiskat First Nations in northeastern Ontario.