SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
May 9, 2023 09:00AM
  • May/9/23 9:40:00 a.m.
  • Re: Bill 71 

I appreciate the comments from the member from Elgin–Middlesex–London today.

I’ve lived and worked in northern Ontario, and I worked very briefly in the mining sector up there, so I really appreciate the contribution that mining makes to Ontario’s economy.

One of the concerns with this legislation, though, is that in section 7(1), as my colleague was just pointing out, it says that the cleanup—so when a mine is going to open, it’s going to run for 15 to 20 years on average, and then there’s the cleanup that has to happen. They have to have a fund for that cleanup. But this government’s legislation allows the minister to exempt the company from having an adequate cleanup plan. What this means is that the cost of the cleanup will be downloaded onto taxpayers. Is that a fair burden for future taxpayers—to pay for the cleanup of these mines?

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  • May/9/23 9:40:00 a.m.
  • Re: Bill 71 

Remarks in Anishininiimowin.

Good morning. It’s always an honour to be able to rise and speak for the people of Kiiwetinoong—but also to be able to speak on Bill 71, the Building More Mines Act.

I hear talk about jobs. I hear talk about economic prosperity. And I know that to open up mines faster, without talking to all First Nations, contravenes the duty to consult—the free, prior, informed consent. I know this government is taking the same approach that has been done for hundreds of years.

When settlers first arrived, the first thing that they did was take our lands. And the second thing that they did is, they took away our children to Indian residential schools, to kill the Indian in the child.

The colleagues across the way do not understand what the land means for the First Nations in Kiiwetinoong. The land is where we get our language. For me, that’s where I learned my language—growing up on the land. The ways of life that we do come from the land. The identity comes from the land. The ways of being come from the land. The history comes from the land. And the gifts that are on the lands were given to us the by Gitchi Manitou, the Creator, and those are called “inherent rights.” That is something that we have as First Nations people, as Nishnawbe people.

It’s not about jobs. When the Hudson’s Bay Co. arrived in the north, they promised economic prosperity. They promised that if we went trapping—“You will have a livelihood if you bring the furs for us.” They told us everything. That’s what settlers do. Settler governments do that, institutions. Right now, today, you cannot even live off being a trapper in the north.

Again, inherent rights—the right to language, the right to way of life, a way of being, identity, history and the gifts that we have on these lands. And if you’re going to change the ways of life forever without proper consultation—because you’re not talking to all First Nations affected; you’re just talking to certain First Nations that are willing to work with you. When you do that, you’re dividing and conquering First Nations. It has been done for hundreds of years. That type of work, that type of play, is from the colonial playbook. There is a playbook on how you work with First Nations, how to be colonial. It was written in 1956, by an official from Indigenous affairs. There’s a playbook; it’s about eight pages long. That’s exactly what’s going on here. You make it sound so—“Got to be prosperous.”

Yesterday, I heard multiple members talking about treaty rights in relation to this bill and how the bill doesn’t impact treaty rights. But it’s hard to understand what treaty rights mean if you’re not a treaty person. I have treaty rights. It means to be able to practise my ways of life, fishing and hunting on my traditional territories, on those treaty territories.

One example that happens every year, if you’re First Nations and you’re in a particular treaty area—for example, I’m Treaty 9—is that the government of Canada makes treaty payments. Do you know how much? Four dollars per year for accessing my land, for signing the treaty in 1905, for signing the treaty in 1929. Different treaties have different amounts. The fulfillment of treaty provisions is a legal obligation of governments who sign treaties. Ontario is a signatory to Treaty 9. Out of the number of treaties, 1 to 11, Treaty 9 is the only numbered treaty that has a province’s signature on it, and that’s Ontario.

I know that there were some members from the government side that spoke on how this legislation does not change the obligations that exist under the treaties with First Nations or the duty to consult. But if a government has gotten away without ever fulfilling its treaty obligations under a treaty, then the bar to meet treaty obligations is very low. The bar for this government to meet treaty obligations is very low, at best, and at worst, non-existent.

I know that on April 26, leadership from Treaty 9 territory came to Queen’s Park to announce a historic court case against the federal government and also the provincial government. The case says that the actual treaty agreed to by the First Nations in Treaty 9 and the crown was that First Nations would retain the decision-making governance over the lands and resources and that the crown would have some governance rights but not the right to take over. What was agreed to was co-jurisdiction or parallel consent—both First Nations and the crown have to consent to developments and activities on Treaty 9 lands, on Treaty 9 territory.

I’m going to share a quote from Attawapiskat First Nation Chief Sylvia Koostachin-Metatawabin: “Back when Treaty 9 was signed, Canada and Ontario made a written text of Treaty 9 on their own, in their headquarters, before ever talking to us First Nations. They then came to talk to us and made promises and commitments to us orally that we agreed to. This oral agreement is not the written text.

“After they got us to sign”—

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  • May/9/23 9:50:00 a.m.
  • Re: Bill 71 

Point of order, Speaker.

I’m calling on the Speaker to make a ruling as to whether or not this member should be allowed to proceed in light of rule of 25(g), as he’s making extensive reference to subject matters of a legal proceeding.

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  • May/9/23 9:50:00 a.m.
  • Re: Bill 71 

Meegwetch. Just for reference, I know it’s not in the courts yet, but they were just making a—I think they had 60 days when they announced that they would put it in the courts.

I think it’s important to understand the impacts on—how the approach this government is doing is very colonial. I’m going to go back. I’m going to speak a little bit about treaties—because it has an impact on the treaties that First Nations signed. I want to go back to this date: July 7, 1977. Grand Chief Andy Rickard of Grand Council Treaty No. 9 stood in front of Premier Bill Davis’s cabinet to announce the declaration of Nishnawbe Aski Nation to Ontario. This is some of what was said:

“We declare ourselves ... a free and sovereign nation. We bring you a declaration of independence.... Your government has failed to live up to the terms, and the spirit of the treaty.

“We agreed to share. We lived up to the terms of our agreement. We kept the peace, paid honour to the European sovereign, allowed the white man to settle and live according to his laws, and permitted his religions and cultures to be introduced to our people.

“You agreed to share. You said our rights would never be lost. You did not live up to the agreement.”

That was in 1977.

The late Grand Chief Rickard said that it was not that the Ojibway and the Cree were opposed to all development, but that “we are opposed to being offered the so-called choice between massive development schemes which will ruin our land and our way of life, or the equally unacceptable choice of welfare dependence.” He goes on to say, “This is like being asked which method of suicide we prefer.”

Speaker, it is 2023. These words were said in 1977. Tell me what has changed.

I was part of the committee process when we went to Timmins, when we went to Sudbury. I had hoped that there would be more First Nations voices represented, but I was glad to be able to hear what was being said. This included Mike Koostachin from Attawapiskat, Chief Craig Nootchtai from Atikameksheng Anishnawbek, and Chief Christopher Moonias from Neskantaga.

I want to share a bit of what Chief Moonias told the committee:

“The treaties with the crown, Canada and Ontario have never been honoured. We have never been treated as partners in sharing the land and resources.

“As partners, our nation would have played a role in drafting amendments to the Mining Act which heavily impact our lands, resources and future way of life.

“Instead, I am allowed to comment on Bill 71 and related regulatory amendments as an afterthought. Where is the respect here? Where is the long-term relationship-building which would move us forward together in a good way? Building meaningful nation-to-nation relationships between First Nations, Canada and Ontario is a foundation of free, prior and informed consent. This is the only way mineral development will move forward on our land.

“The UN Declaration on the Rights of Indigenous Peoples recognizes that mining projects and closure plans need to be reviewed by Indigenous people, whose consent is required. The world is moving forward in terms of Indigenous rights, and here in Ontario, you are recklessly jumping backwards.

“This is also the case for the environment. Already, Ontario doesn’t require mining projects to conduct environmental assessments, and the Building More Mines Act will rip away the little protection we had left for the environment and the people of Ontario and Canada.

“It is in the best interests of all parties to strengthen our economy, create good jobs and improve everyone’s quality of life, but we can’t rob our future of clean water and our precious carbon-storing peatlands, which help protect our environment, just for the rich to get richer.”

I think when we talk about the announcement of the legal action that they plan to table, it’s a warning to mining development companies that they need to lobby both the provincial and the federal governments to work with First Nations and make co-jurisdiction happen.

Let me be clear, Speaker: If you do not have the free, prior, informed consent of all First Nations, this will not work. It will lead to conflict. The Ring of Fire will not happen. I know it. You are all speaking from southern Ontario, but I live in the north. I live in those communities. That’s what is going to happen. There is no way the mining is happening without, again, the full consultation.

I think there’s a huge amount of uncertainty for these companies. I do not see how they will be able to go ahead with any mining in Treaty 9 without, again, the full, prior, informed consent of First Nations, because the more oppressed we are, the stronger we became as nations. Oppression, colonialism: Bring it on.

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  • May/9/23 10:00:00 a.m.
  • Re: Bill 71 

What I don’t like about this bill is the approach that you have, where you divide and conquer, where you do not talk to all First Nations in the affected treaty territories, their traditional territories.

I think Neskantaga has been very clear: If you’re going to build that road up there to the mine, up to the First Nation—it’s through their traditional territory. There is no way it is going through there.

I think with the divide-and-conquer approach, which is very colonial—that will not work. I cannot support colonial legislation.

I think, again, passing this bill, with the colonial way of doing things where you divide and conquer, where you do not speak to all First Nations affected—what that does is, people will start to get together as First Nations, and it will be harder to have these agreements with the mining companies. It will be this government’s fault that they cannot move forward. In passing this bill, the government is shooting themselves in the foot. Meegwetch.

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  • May/9/23 10:00:00 a.m.
  • Re: Bill 71 

I want to thank my colleague the member for Kiiwetinoong for his very enlightening remarks about the meaning of free, prior and informed consent. He walked us through why this legislation violates those principles of free, prior and informed consent, why it undermines the principles of reconciliation, why it goes against the spirit and intent of Treaty 9.

I wondered if the member could summarize what free, prior and informed consent would have looked like if the government had respected those principles in developing this bill.

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  • May/9/23 10:00:00 a.m.
  • Re: Bill 71 

I appreciate the member opposite’s thoughts and views. We shared some time together when we were in the north. I took that time to listen and learn about his concerns, and I respect them.

That being said, my question is simple: Should it take 15 years to open a mine in this province? In the meantime, while we’re waiting 15 years, we’re losing jobs, not only in southwestern Ontario but in the north—good-paying jobs, sustainable jobs that could benefit your peoples, the economy of the north, everyone.

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  • May/9/23 10:00:00 a.m.
  • Re: Bill 71 

I want to thank the member opposite for his statement. He talked about good jobs and the environment and the future of our province. I agree; we need good jobs, and the environment is so important, and the world needs what this province has—the critical minerals required for the EV revolution and to support our transition to a green economy.

The opposition has seen the numbers. They know Russia and China have a stronghold on the market—which begs the opposition, why will you not consider approving this act?

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  • May/9/23 10:00:00 a.m.
  • Re: Bill 71 

I want to thank the member from Kiiwetinoong for an excellent speech—one that I hope millions of people will see, because I think they need to understand the issues that are at hand here.

I also have to say I was very shocked at the attempt to shut you down, because I think people need to have the historic background in order to actually come to grips with this issue.

Having listened to you, my sense is that passage of this bill will further undermine any ability to actually negotiate in an even-handed way between, on the one hand, First Nations and, on the other hand, the government of Ontario, to actually develop minerals in places where environmentally it might be possible do so. Is it fair to say that passage of this bill will make it more difficult to actually come to an agreement in a future on mining?

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  • May/9/23 10:10:00 a.m.

The Ontario government is investing an additional $202 million annually in the province’s Homelessness Prevention Program and Indigenous Supportive Housing Program. This new funding builds on the government’s investment of nearly $4.4 billion over the past three years to grow and enhance community and supportive housing.

As part of this funding, the region of Durham will be receiving $18.6 million. This is an increase of more than $7.1 million, or about 62% over the last year. Durham Regional Chair John Henry, who participated in a recent announcement made by Durham-based government members, had this to say: “This investment will help fund supportive housing programs, community outreach services and housing-focused shelter programs ... critical supports” that “address the needs of Durham region’s vulnerable residents.”

Once again, Durham-based government MPPs are standing up for residents in the region of Durham.

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  • May/9/23 10:10:00 a.m.
  • Re: Bill 71 

Thank you. That’s time for the answer.

We’ll move to the next question.

Third reading debate deemed adjourned.

Next members’ statement.

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  • May/9/23 10:10:00 a.m.
  • Re: Bill 71 

I want to thank the member again for his questions, and I want to revisit something that we talked about.

The environment is important. The jobs are important. I talked about Russia and China having a stranglehold on the market. And 15 years is a very long time to wait to get something done for the economy, for the environment, for anyone who wants a job. This is literally going to stop things from moving in our province.

We talked about Russia and China. I really think that the member opposite needs to consider—does he think that they’re viable trading partners for critical minerals? If not, can you explain why you’re continuously creating obstacles? We want to create solutions rather than put up more obstacles. All of the respective consultations—

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  • May/9/23 10:10:00 a.m.

“Who makes politics happen?” That’s a question people often ask. Some folks assume that it’s us in this building, arguing over policy, but people who have earned a seat in this place know differently. Behind us are volunteers and donors, families and friends. We may often get the limelight, but those are the folks who build the stage.

My friend Don Smith, who we lost last week, before his 80th birthday, was a first-class stage builder. But for me, he was a man of mystery, because he rarely talked about himself. Don had been a journalist, a city councillor in the great city of Thunder Bay, and a long-time assistant to a federal member of Parliament. He was a guy focused on making relationships better. He was there for two life partners who died from degenerative diseases. He was loyal to them, and he was loyal to all of us.

He was also fun. Don liked to square dance and waltz. He lived by a policy of eating a piece of chocolate a day.

He was very active in his local housing co-op.

I will never forget Don. They rarely make people like him. But all of us know people like this in our community.

So I want to salute Don Smith today: To a life well-lived, to a community well-served.

New Democrats are going to be remembering Don this Friday at 464 Metcalfe Street, at 6 p.m. If you knew Don and you have a story to share, come break bread with us. Let’s remember this extraordinary man and his extraordinary life.

Rest in power, my friend.

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  • May/9/23 10:10:00 a.m.

I want to take the opportunity this morning to recognize the work and the value volunteers bring to our communities. They make our communities stronger, more vibrant and more caring. The fact that volunteers offer their time and skills to support others is a testament to their kindness and their compassion. They give of themselves and don’t expect anything in return.

Let me speak for a moment about an amazing volunteer organization in my riding of Flamborough–Glanbrook, and that is the Rotary Club of Flamborough. This organization supports dozens of causes in the Waterdown-Flamborough area—everything from scholarships for students to Christmas baskets for seniors.

This past weekend, I spoke at the Rotary Club’s Family Fun Run, where all the funds raised supported Food4Kids in Flamborough.

The Rotary organization and so many other service clubs are made up of selfless volunteers.

I also want to encourage the many organizations that benefit from the hard work of their volunteers to nominate exceptional individuals in their communities for an Ontario service award to acknowledge those who go above and beyond for the service of others.

I want to offer my sincere gratitude to the tens of thousands of volunteers who every day make Ontario a better place to live.

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  • May/9/23 10:10:00 a.m.
  • Re: Bill 71 

Free, prior and informed consent is—that is free. The government comes to the community. That First Nation does not spend any resources on being informed. “Informed” is, we listened to what’s being proposed. We listen in our language and in a language we can understand. Once we’re informed, that’s when the First Nation will say if they consent to it or not.

Because the government is just plowing ahead—plowing ahead with the legislative bulldozer, I should say—it’s starting to sound like it’s a re-election scheme. I keep telling you here in the House. I’ve been very clear—

The lands that are in those traditional territories—that’s where we are as First Nations people. We’ve been here for thousands of years. You cannot just come over here and then say, “We want to build mines in 15 years.” I don’t know how long you’ve all been here, but we’ve been here for thousands of years. We are the caretakers of these lands. We will continue to look after these lands. We will continue to protect our rights as First Nations people, our Treaty rights, our inherent—

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  • May/9/23 10:10:00 a.m.

The Ontario NDP leader and I share the honour of representing Little Portugal in our ridings.

This year, the Portuguese Canadian community is celebrating the 70th year of immigration to Canada. On May 13, 1953, the first Portuguese pioneers arrived in Canada from the Azores. In the 70 years since that first journey, the dependents of those first pioneers have gone on to achieve greatness, building a strong and diverse Canada that Portuguese Canadians proudly call home.

A volunteer organizing committee of community leaders has been working hard to organize a year-long program to honour Portuguese pioneers.

I would like to thank Matthew Correia for inviting me to the first event, a celebratory luncheon last Sunday benefiting the Magellan Community Foundation.

I’d also like to thank Manuel DaCosta, who is chairing the foundation to build a long-term-care home for Portuguese seniors.

On Saturday, May 13, there is the Portuguese Canadian Walk of Fame induction ceremony, followed shortly afterward by the unveiling of a monument to the Portuguese pioneers.

And this coming Sunday, join the Portuguese Festa at Nathan Phillips Square, with food, music and performances by international recording artists Pedro Abrunhosa and Bárbara Bandeira.

Also coming up: The Do West Fest in Little Portugal, organized by AnaBela Taborda and the board of the Little Portugal BIA.

And the highlight of the year will be this year’s 35th annual—

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  • May/9/23 10:20:00 a.m.

Constituents in Windsor West and across the province are feeling unbearable financial pressure every single day. The cost of everything has gone up, and this Conservative government does nothing to rein in corporations that are price gouging Ontarians. Families are feeling it at the grocery store, gas pump, and with heating bills, auto insurance, housing costs and more. Parents are juggling multiple jobs and are still struggling to put food on the table. Kids are going to school hungry. Food bank usage across the province is at a record high, and the number of people accessing food banks continues to climb.

Recipients of social assistance can’t keep up with sharp rent increases or the cost of putting food on the table. People with disabilities are living far below the poverty line and are getting pushed into deeper poverty because of government policy. The Conservatives choose to leave people living in legislated poverty. And seniors on fixed incomes can’t keep up with rising costs either. They are also increasingly accessing food banks.

In Windsor, residents are paying some of the highest auto and home insurance rates in the province, yet this government won’t address postal code discrimination in the insurance industry.

Rental housing costs continue skyrocketing because the Conservatives cut rent control.

My constituents deserve a government that works hard to make life easier for them, rather than implementing policies that make life more difficult.

My NDP colleagues and I will continue to fight for Ontarians, to fight for better, because better is possible.

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  • May/9/23 10:20:00 a.m.

On behalf of the official opposition, I’d like to welcome, from the Ontario Autism Coalition, vice-president Kate Dudley-Logue, along with Michau Van Speyk.

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