Section 35 of the Constitution Act, 1982, recognizes and affirms the existing Aboriginal and treaty rights of Indigenous peoples in Canada. Bill 5, the “Protect Ontario by Unleashing our Economy Act,” directly violates these constitutional protections by disregarding the Two Row Wampum principle of non-interference and the Silver Covenant Chain agreements that establish peace, friendship, and respect between the Haudenosaunee Confederacy and the Crown.
If passed Bill 5 will…
- Violate the 8 Points of Haudenosaunee Jurisdiction: Bill 5 fundamentally contradicts the 8 Points of Jurisdiction that form the basis of Haudenosaunee governance:
- Bill 5 eliminates requirements for archaeological and environmental assessments, clearing the way for unchecked development that desecrates sacred sites, burial grounds, and ecosystems that sustain Haudenosaunee culture and identity.
- By bypassing consultation and consent, Bill 5 enables the Province to authorize developments on lands where Haudenosaunee title has neither been surrendered nor extinguished, disregarding collective land stewardship responsibilities.
- Bill 5 breaks the treaty relationship by authorizing development without upholding the Crown’s duty to consult and accommodate, a constitutional obligation grounded in that living treaty relationship.
- Allows for land-use changes and approvals without public transparency or Indigenous oversight, further enabling unlawful land transfers or usage without proper accounting or redress.
- By enabling development on disputed or unceded land without proper process or benefit-sharing, Bill 5 may contribute to financial misappropriation, deepening the need for a full accounting of public and fiduciary obligations to the Haudenosaunee.
- Bill 5 seeks to bar legal challenges to development decisions, stripping Haudenosaunee people of access to justice through Canadian courts—an infringement on both domestic and international rights.
- Bill 5 promotes an economy based on rapid, extractive development that is neither culturally appropriate nor environmentally sustainable, and excludes Indigenous economic participation or planning.
- Bill 5 imposes provincial jurisdiction over land-use decisions in Haudenosaunee territory, undermining self-determination and the foundational principle that only the people of the Confederacy can govern their lands.
- Create Lawless “Economic Zones”: Establish Special Economic Zones exempt from legal requirements, bypassing Haudenosaunee consultation and consent processes. This creates a legal mechanism to circumvent engagement with Indigenous governments for projects on or near Haudenosaunee territory.
- Override Treaty Relationships: Disregard nation-to-nation relationships established through the Two Row Wampum that recognizes parallel paths of governance without interference. This undermines decades of progress in establishing respectful government-to-government relationships.
- Eliminate Archaeological Protections: Allow ministerial exemption powers from archaeological assessments if they advance “provincial priorities.” This directly conflicts with Haudenosaunee burial, archaeology, and chance find protocols, representing a significant infringement on cultural and spiritual governance rights.
- Remove Legal Recourse: Prevent lawsuits, compensation claims, and court challenges against government actions taken under this Act. This strips Indigenous nations of their constitutional right to seek redress through courts when development occurs without consent, violating UNDRIP principles.
- Gut and Replace the Endangered Species Act: Weaken endangered species protection by allowing the government to choose which endangered species receive legal protection. Environmental stewardship is tied to Haudenosaunee land law, and this replacement of conservation with economic considerations eliminates meaningful Indigenous participation in species and land protection decisions.
- Transfer Decision-Making Power: Move authority from Indigenous governance systems to provincial ministers and industry developers without accountability or oversight. This centralizes development regulation in the hands of profit-driven interests, empowering them to operate without Indigenous oversight.
- Reverse Reconciliation Progress: Abandon a decade of progress in establishing respectful government-to-government relationships between the Haudenosaunee Confederacy and the province of Ontario. This threatens to reignite direct land defence actions, echoing historic reclamations such as Kanonhstaton (2006).
The Haudenosaunee Development Institute, as the administrative body for engagement with the Haudenosaunee Confederacy Chiefs Council, stands firmly against this unconstitutional attempt to undermine Indigenous sovereignty and governance. We call on all allies, partners, and supporters of Indigenous rights to join us in opposing this harmful legislation.
