Legal experts gear up to challenge Bill 5 as First Nations pledge to ‘close Ontario’s economy’

Rallies for endangered species. Protests led by First Nations. A filibuster from the NDP. More than 4,000 amendments tabled by the Liberals. Two committee hearings with Indigenous leaders, legal experts, labour representatives, and more. Despite all of it, Bill 5 passed.

On June 5, as Ontarians across the province struggled to breathe through smoke-filled air from wildfires raging across the country, Bill 5, dubbed the Protect Ontario by Unleashing our Economy Act, received royal assent.

Legal experts, Indigenous leaders and environmental groups are vowing to turn the Bill against the politicians who steamrolled it through the legislature with little regard for all the laws and policies it violates at all three levels of government.

Protestors, led by Indigenous leaders, gathered at Queen's Park to oppose Bill 5.

(Anushka Yadav/The Pointer)

For Ontario Nature’s conservation policy and campaigns director, Tony Morris, “the hard work to overturn Bill 5 starts today.”

“We don't accept that economic development requires trampling Indigenous rights, sacrificing endangered species, and undermining democracy. We've seen public opposition force the government to reverse course on bills they’ve previously rammed through, like the Greenbelt. So now we need that same level of mobilization.”

Ford has a history of using his powerful majority government to ram legislation through without considering the legal ability to defend his moves in court. From overriding local bylaws to remove bike lanes to a case that went all the way to Canada’s Supreme Court, where his government lost an appeal that could see his entire environmental mandate struck down for violating Charter rights, the PCs have often slowed progress on critical files due to the legal and bureaucratic quagmire they have created.

Wildfire smoke from blazes burning across Manitoba, Saskatchewan, and Alberta has blanketed much of Ontario, prompting Environment Canada to issue air quality warnings and special statements for the GTA. With high concentrations of smoke moving south, officials warn the haze could linger for several days, posing health risks for millions.

(Top: Wikimedia Commons; bottom: firesmoke.ca)

Premier Doug Ford and several PC MPPs have repeatedly framed the legislation as a way to cut “red tape” around resource development and shield Ontario’s economy from U.S. tariffs in what they call an “economic war” triggered by Trump-era trade policies. Critics have questioned Ford’s claims about any connection to tariffs, accusing him of once again using the spectre of Donald Trump to justify harmful legislation that will enrich the Premier’s private sector supporters.

Ecojustice lawyer Laura Bowman says, “It’s being sold as a way to speed up mining, but there’s no evidence it will do that.”

Bowman says in her 18-year legal career, she has “never seen anything like” Bill 5.

“The potential for this bill to be abused is very real, and this is a government that we've seen is very willing to abuse extraordinary powers.”

She warns that the “draconian” legislation threatens to undermine responsible government, which is “a foundational principle of Ontario’s democracy,” and Ecojustice is examining that as a potential constitutional vulnerability.

Her team plans to apply pressure using freedom of information requests and other legal tools, similar to tactics employed against the Greenbelt Act.

Friends of the Attawapiskat River’s legal counsel, Kerrie Blaise, echoed Bowman’s concern that the province was warned by Indigenous governments and legal experts alike that Bill 5 would likely violate the Constitution. “So many First Nations and larger governing bodies, like the Chiefs of Ontario, said: if you do this, this is a breach of constitutional law. The government proceeded anyway, fully aware that it would be challenged.”

On June 2, protests at Queen's Park featured Indigenous community members whose dance and song connected those gathered with the water, land and air that sustains all life.

(Anushka Yadav/The Pointer)

A central issue in Bill 5 is the creation of special economic zones (SEZs) under Schedule 9, which Blaise says creates a chaotic legal environment where longstanding environmental protections, land-use regulations, and public safety laws could be swept aside.

“The immediate procedural impact would be,” Blaise explained. “There’s no trigger to notify First Nations that a project is happening, which means no duty to consult or accommodate a constitutional right. Without that procedure, there’s no clarity on if, when, or how communities can get involved. And we know that is their legal right, it is their constitutional right.”

The province claims the bill supports reconciliation, but Blaise notes that no such legal commitment appears in the text. 

Courts have increasingly recognized that Courts have increasingly ruled that Section 35 of the Constitution Act, which protects the existing Aboriginal and treaty rights of Indigenous peoples, including First Nations, Inuit, and Métis, must be interpreted in a way that aligns with the United Nations Declaration on the Rights of Indigenous Peoples and the principles of reconciliation.

Instead, Bill 5 limits Indigenous participation and favours industry interests, which are explicitly protected in the bill. This conflicts with the Calls to Action from the Truth and Reconciliation Commission that urge legal reforms to respect Indigenous rights.

“As our Leadership has made clear – the fight is not over. If needed, First Nations will meet the government with resistance, on the ground, and in the courts, to protect our inherent, Treaty, and constitutionally protected rights,” Ontario Regional Chief Abram Benedict said.

Under Schedule 3 of the bill, the province has already eliminated environmental assessments for certain mining projects in the Ring of Fire region, and Schedule 9 extends this by exempting SEZ projects from all applicable laws, including environmental assessments.

“This wipes away the mechanisms that allow us to understand the impacts of a project; what is proposed, where, who is behind it, and on what timeline. Without these, there’s no way to evaluate or mitigate adverse effects,” she said.

The Canadian Environmental Law Association described the SEZ as “a direct assault on the rule of law,” explaining that it allows the province to create zones where “trusted proponents” or designated projects can bypass existing laws passed by the Ontario Legislature and municipal by-laws that normally apply to every person and business.

Can an Ontario resident take the government to court?

Bill 5 shields the government from legal accountability by restricting court proceedings related to its implementation. It bars any legal actions “directly or indirectly” connected to anything “done or not done” under the bill, which Blaise says “erodes public oversight” and weakens transparency, public participation, and procedural fairness—core democratic principles.

Legal challenges to Bill 5 could take years to resolve, but to stop the government from using its new powers in the meantime, challengers would need to secure a “preliminary injunction”—a difficult legal hurdle requiring proof of irreparable harm, Bowman explains. “Without a preliminary injunction, the government can continue exercising its authority even while the case remains in court.”

It truly is “one of a kind” as Canada has rarely seen this kind of sweeping executive power: “It’s unprecedented to have such broad authority with so few checks and balances. It’s difficult to predict how the courts will respond,” she said.

“It (Bill 5) gives emergency-like powers without any clear emergency and without the safeguards that normally come with emergency legislation. We’ll be assessing that carefully, as will a number of other civil liberties groups.”

On the same day Bill 5 became law, the Ontario Legislature adjourned, after just 23 sitting days in 2025, and won't return until October 20. The original schedule had lawmakers returning on September 8. What happened to all that urgency and fast-tracking?
 

Ontario Liberal leader Bonnie Crombie has promised to fight the PC government on its “power grab,” calling Bill 5 “undemocratic.”

(Bonnie Crombie/X)

The omnibus legislation grants Ford and his cabinet sweeping powers to exempt development projects and so-called “trusted proponents” from virtually any provincial or municipal law under “special economic zones,” opening the door to unchecked development by sidelining environmental assessments and Indigenous consultation. 

It suspends more than 800 existing laws, including the Safe Drinking Water Act and Employment Standards Act, and eliminates the Endangered Species Act, replacing it with a significantly weakened version that offers little protection for species on the verge of extinction. 

Bill 5 dismantles core environmental safeguards, bypasses Indigenous consultation, and gives the provincial cabinet broad authority to fast-track development in designated zones, free from the constraints of local laws.

(Anushka Yadav/The Pointer) 

It was the PC government’s way of celebrating World Environment Day.

Environmental and Indigenous organizations have sounded the alarm, signalling a summer ahead filled with legal battles and protests.

“The fight is on,” Grand Chief of Nishnawbe Aski Nation, Alvin Fiddler, said right after the Bill was passed on June 4.

Neskantaga First Nation has launched Idle No More 2.0, preparing to “close the economy in Ontario” with protests targeting railways, mines and highways.

“Any attempt to 'fast track' mining and infrastructure development in our territory without our consent will be met by our people on the ground,” Neskantaga Chief Gary Quisess said, calling out Ontario Minister of Indigenous Affairs and Minister of Northern Development Greg Rickford for making history as “dishonourable to First Nations,” and step down.

“Bill 5 is an immediate threat to the environment, plant and animal life, and the traditional land users who have all depended on this land since time immemorial.”

During the last question period of the spring session, NDP leader Marit Stiles also challenged Ford to “grow a pair” and demand Rickford’s resignation.

Tensions reached a boiling point on June 2 when NDP MPP for Kiiwetinoong, Sol Mamakwa, was ejected from the legislature during question period after accusing Premier Doug Ford of spreading “untruths” about respecting treaties and fulfilling the duty to consult Indigenous communities.

“That's not the truth…The way [Bill 5] is written up speaks the opposite."

NDP MPP for Scarborough West Doly Begum, who sits beside MPP Sol Mamakwa, shared the question he had intended to ask before being “removed” from the legislature for simply calling on Ford to tell the truth and rescind Bill 5.

(Doly Begum/X)

After being “removed” by the Speaker, Donna Skelly, for refusing to take back his comments, Mamakwa stepped outside to join the sea of protesters clad in red at Queen’s Park, where hundreds of First Nations members gathered to rally and dance in defiance of the Bill.
 

On June 2, NDP MPP Sol Mamakwa spoke about having planned to debate Bill 5 “clause by clause” until June 5, following a successful filibuster the week before. On May 29, the Ford government had moved to shut down debate by passing a Time Allocation motion, allowing only one 20-minute recess.

(Anushka Yadav/The Pointer)

“It’s still unacceptable for any Canadian government to make decisions about the extraction of natural resources on or through First Nation territory without free, prior, and informed consent,” Assembly of First Nations national Chief, Cindy Woodhouse Nepinak, said during the rally.

“Together, we are saying to Canadian governments that you won’t beat the new age of American colonialism with more colonialism here at home. This was true before Trump 2.0, and it’s even more important now…our rights are not for sale.”

AFN National Chief Cindy Woodhouse Nepinak was joined by Indigenous Canadian leader and former AFN national chief Phil Fontaine, who urged Woodhouse to convene an emergency meeting of First Nations leadership across the country and present a list of demands to the provincial and federal governments: “We’re being excluded from all the very important discussions being held by governments that are supposed to represent us as well as the rest of the country. So we have to take matters into our own hands, and we will do it in the kindest way possible, but in a very determined way to express once again who we are: the First Peoples, treaty people. Treaty people have distinct rights that obligate governments to consult with us, both as a legal responsibility and a moral obligation,” Fontaine said. 

(Anushka Yadav/The Pointer)

The PC government has repeatedly insisted that Bill 5 is about more than just mining and is intended to create economic opportunities for First Nations communities.

“It's about creating an opportunity for First Nations communities who for too long have lived in the kind of socio-economic conditions that are completely unacceptable,” Rickford said.

After just two days of committee hearings on May 22 and 26, Government House Leader Steve Clark moved swiftly to cut short further review, sending Bill 5 back to the Legislature for third reading, allowing only one hour of debate before a final vote was held the same day, June 4.

After rushing Bill 5 to a third reading, energy and mines minister Stephen Lecce defended the move by stating that the government understands “in order to build a prosperous and united Canada, we need partnerships. It's the cornerstone of mutual prosperity,” and every time the Ford government has “built a transmission line in this province, it's been done in partnership with 50/50 equity.”

But many First Nations communities in Ontario have cautionary tales of extraction without equity.

When the last truck rolled out of De Beers’ Victor Diamond Mine in the traditional territories of Attawapiskat First Nation in May 2019, it marked the end of more than a decade of extraction on the traditional territory of Attawapiskat First Nation. Over 8 million carats of diamonds had been pulled from the earth, fueling billions in revenue for the mining giant. But for the nearby community, prosperity never arrived.

Just two months after the mine shut down, the community declared a state of emergency over unsafe drinking water.

Far from an anomaly, this has been a grim constant for First Nations communities across the country.

In April 2024, United Nations special rapporteur Pedro Arrojo-Agudo condemned Canada’s continued failure to ensure clean drinking water for First Nations, calling it a “flagrant” violation of human rights. 

After a two-week tour that included stops in Ontario, Arrojo-Agudo described feeling “frustration and even indignation” at the ongoing marginalization of Indigenous communities and the criminalization of those defending their land and water, actions, he warned, that could tarnish Canada’s international reputation.

De Beers boasted about local procurement and economic contributions in glossy reports, but the reality on the ground told a different story: Attawapiskat remained mired in poverty, with high unemployment and failing infrastructure. 

On May 26, during the committee hearing on the bill, Friends of the Attawapiskat Michel Koostachin, who had spent over $1000 one-way to have his community’s voice heard at Queen’s Park, shared: “Mostly the jobs that we received at De Beers were janitorial or custodial positions. We didn’t get any managerial positions; not because of our work ethic, because we’re the original people of this land. What’s going to happen now? Companies are coming in, promising prosperity. I don’t believe in it because I’m still suffering from your version of prosperity.”

On June 3, the day before the final vote, tensions flared in the Ontario Legislature during the clause-by-clause review of Bill 5, as the Ontario Liberals introduced nearly 4,000 amendments in an attempt to delay the process or alter key parts of the legislation.

Ontario Liberal MPP Ted Hsu highlighted the sheer volume of amendments aimed at stretching out the committee process during Bill 5’s review, enough to fill the government’s scheduled 10.5 hours of meetings. The PCs made some tweaks following First Nations’ backlash, but PC House Leader Steve Clark remained noncommittal on whether the Liberal delay tactics would hold. The NDP, however, criticized the Liberal approach, pushing instead for a direct vote on the Bill’s most contentious elements.

(Ted Hsu/X)

Chaired by PC MPP for Scarborough—Agincourt, Aris Babikian, the committee sat down at 1 p.m., then NDP MPP Mamakwa used the only permitted 20-minute break. When he returned to comment on a specific Liberal amendment, he was ruled out of order. “There is no debate on time allocation,” Babikian declared. 

As the June 5 summer break deadline loomed, the Liberals threw everything at Bill 5 to stall its passage, proposing thousands of amendments that swung from critical to absurd. From serious safeguards to word changes like swapping “on” for “on the day that is 2,166 days after”, to motions ensuring no exemptions to the Milk Act, Ontario Bike Month Act, and even the Nikola Tesla Day Act, all part of an effort to slow the Bill’s inevitable passage.

(Legislative Assembly of Ontario)

He proceeded to read aloud the government’s directive: all outstanding amendments would be deemed moved and voted on without debate. Mamakwa and other members attempted repeatedly to speak but were blocked by procedural rulings.

PC MPP for Mississauga–Lakeshore, Rudy Cuzzetto, interrupted proceedings three times, requesting that amendments be bundled together to speed up debate. “Nice try…thank you very much for thinking about us,” Liberal MPP for Beaches—East York, Mary-Margaret McMahon, shot back.

Despite requests from MPPs such as Liberal Adil Shamji to read the amendments aloud for public transparency since they were not posted online, their motions were denied.

Just past midnight, at 12:01 a.m. on June 4, after 1,224 amendments had been processed, the committee adjourned to scattered applause and exhausted laughter between Shamji and Liberal MPP for Kingston and the Islands, Ted Hsu.

Less than 12 hours later, MPPs returned to Queen’s Park for an unexpected final debate and vote. 

At 2:35 p.m. the same day, Lecce opened the third reading of the bill by accusing critics of siding with “Chinese minerals” over Ontario’s economy to which Stiles shouted back, “Absolutely not true.” 

Lecce also claimed the government would not use its new powers until consultations were completed, despite weeks of criticism for ignoring real consultation.

At 2:50 p.m., Mamakwa delivered a powerful final speech, calling Bill 5 a “symbolic breaking of the Crown’s treaties” and warning that the $3.1 billion promised to First Nations was no substitute for real respect and sovereignty. "We are worth more than that," he declared, speaking to a nearly empty government bench but a packed public gallery filled with Indigenous and labour representatives.

Shamji, the Liberal MPP for Don Valley East, followed with a comparison from his work as an emergency doctor: “Rushing, even when someone is dying, is not the right thing to do. The right thing is to be deliberate, avoid mistakes, and get it right the first time.”

As the third reading continued, opposition voices painted a picture of betrayal, environmental destruction, and an anti-democratic process. Green party MPP for Kitchener Centre, Aislinn Clancy, invoked the climate crisis, while Hsu emphasized how the bill endangers species protection. West pointed out that the bill’s "one project, one process" language was cynically used only when it served corporate interests, not clean water or healthcare for First Nations.

At 3:33 p.m., NDP Leader Marit Stiles moved to adjourn the House, a formal attempt to end the sitting for the day, but the motion failed.

At 4:11 p.m., the final vote was held. Opposition chants of “STOP BILL 5!” erupted from the public gallery, and pounding from the opposition benches shook the camera feed. The Bill passed with 71 in favour and 44 against and Ford notably absent from the vote. 

During NDP MPP Mamakwa’s speech, fewer than five PC MPPs were in attendance.

(Wendy Goodes/X)

“It's a pretty regular occurrence,” Liberal MPP for Ottawa South John Fraser told The Pointer. "I figure if you have a Bill, you have to be there to vote for it. The thing is, we all know it’s his bill and it’s coming from him. By not being there, he wasn’t fooling anybody."

Following the result, the Speaker ordered Indigenous land defenders from Grassy Narrows to leave the chamber amid shouts of “SHAME ON YOU!”, “Where’s the Premier?”, “Our land is not for sale!” and “We’re going backwards on reconciliation!”

When asked about Ford’s absence, his office cited a “long-standing meeting with a (Republican) Congressman.” He has since invited fellow provincial premiers and national Indigenous leaders to a summer Council of the Federation meeting focused on economic development between July 21 and 23.

Ontario Regional Chief Benedict has called on Premier Ford to meet with First Nations on their terms to understand the impact Bill 5 will have on their communities. “We have invited him to attend our upcoming Annual Chiefs Assembly between June 17-19, 2025, to hear directly from our Leadership.”

Multiple Indigenous leaders said during the rally that in the past, Ford had declined invitations to meet with First Nations chiefs, with his office citing prior commitments as the reason for his absence.

"Bill 5 may have passed, but the fight is not over. We gave the government many opportunities to go back to the drawing board before its passage, but it chose to ram the legislation through, even in a broken form. The fight against Bill 5 does not end here, however. I still have a request for the Integrity Commissioner to investigate the Premier and some Ministers over the Dresden landfill, for example. Bill 5 will remain top of mind for me and the Ontario Liberal Party throughout the summer,” Hsu told The Pointer.

“The government rushed this Bill through and did not properly consult with Indigenous people, and it gives the government extraordinary, unchecked powers that could allow it to override any provincial law. The Bill also harms Ontario's unique biodiversity and environment when we should be protecting it. We will continue to oppose this Bill."

Bowman compared the Bill’s powers to former U.S. President Trump’s executive orders, saying Trump’s powers were “probably vastly more limited” since he had to answer to Congress, which courts have told him is necessary for tariffs and similar actions.

Under Bill 5, no such oversight exists. If it survives constitutional challenges, “we’re in a brave new world.”

She says that while legal challenges will be explored, people can't rely on the courts alone to stop Bill 5. “This Bill is too broad, too sweeping and too complex to be challenged solely through legal means. We need to apply all forms of political and public pressure. Even though it’s passed, the Greenbelt reversal shows that governments can be forced to backtrack, and that must stay top of mind.”

The federal government is reportedly considering similar legislation, meaning even more severe powers, touching criminal law and fundamental rights like protection from arbitrary imprisonment, could be on the table.

“This is not about trade agreements or minor regulatory changes. Our democracy is under a very serious attack,” she said. “I don’t know when Premier Ford and his cabinet decided this was the moment to push us toward authoritarianism, but that’s exactly what this legislation is. Calling it anything less than alarming would be irresponsible.”

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