Indigenous-led Economic Zones: Waiting for a Definition
An open letter to The Hon. Greg Rickford, Minister of Indigenous Affairs and First Nations Economic Reconciliation
Bill 5, the Protect Ontario by Unleashing our Economy Act, has attracted much opposition, particularly from First Nations. A bill that allows ministers make exemptions to any Ontario law or regulation would seem to also threaten Indigenous rights and self-determination. On May 28th, in the face of protests while the bill was before the Legislature, your office released a statement:
“As the next step in developing mutually beneficial nation-building projects that will unlock prosperity and critical infrastructure in Indigenous communities, our government will work throughout the summer in consultation with Indigenous partners to develop regulations to create new Indigenous-led economic zones as part of Bill 5,”
Now, over a month later, your government still hasn’t publicly stated what these Indigenous-led economic zones will look like.
A June 13th letter your office wrote to some Indigenous leaders was reported in Nothern Ontario Business. It has not been widely circulated. If there is a sense of urgency to respond to Donald Trump’s tariff war, we don’t see it in the provision of detail or clarity on the meaning of Indigenous-led Economic Zones.
Where is Indigenous Leadership Within the Framework of Bill 5?
As we know, Special Economic Zones (SEZs), as defined by Bill-5, are areas designated by Cabinet where Cabinet can choose companies or projects to receive exemptions from any provincial act or regulation. Indigenous communities and leaders were not consulted before writing Bill 5, which obviously leads to the question of how Indigenous leadership will be inserted into the SEZ framework. How would Indigenous leadership intersect with the prerogative of the crown, or the leadership of the ‘trusted proponents’ granted exemptions from laws? Will Indigenous-led economic zones pivot the implementation of Bill-5 away from empowering Cabinet to override any provincial laws and towards empowering First Nations to protect their land and secure their economic, social and cultural future?
First Nations want clarity about Indigenous-led Economic Zones. For example, Ogamakan Micheal Sugarhead of Nibinamik First Nation stated that the government must provide more information about the proposal. It is unclear whether they received the June 13th letter, but it is clear the letter did little to flesh out the proposal. While they believe it could be a positive opportunity for Indigenous people, the lack of prior consultation on the part of your government leaves doubt in their minds. An accountability mechanism must be established to assuage that doubt. Anishinabek Nation Grand Council Chief Linda Debassige noted that “First Nations can not rely on ‘trust’, [only] accountability has (...) worked for us”.
Actualizing Indigenous-led Economic Zones
Ontarians must hope that your government’s discussions with First Nations this summer will lead to a mutual understanding of what an Indigenous-led Economic Zone will be. I ask you to establish, with dispatch, a meaningful definition and, importantly, a mechanism for accountability. I also ask, in the name of trust and accountability, that your government publicize any recommendations made during these discussions, by either side, as well as explanations for why they were or were not accepted. These actions will help Ontario move forward with our dual goals of supporting economic growth and respecting obligations to First Nations.