JFK Law LLP is pleased to announce that our Managing Partner, Sara Mainville, has recently appeared twice on CBC’s “Here and Now Toronto” with Ramraajh Sharvendiran to discuss Ontario’s Bill 5, its effects on Indigenous peoples and how Indigenous peoples in Ontario are responding.
In her first interview, which aired on May 28, Sara Mainville addressed the significant backlash from Indigenous communities regarding Bill 5, and provided an explanation of the duty to consult, explaining its purpose and significance. She explains that the duty to consult is a fundamental legal obligation designed to ensure that Indigenous communities are meaningfully engaged in decisions that affect their rights and territories to ensure that Indigenous ways of life can continue. In speaking on the real and pressing concerns from Indigenous leaders and community on the ground, she notes that despite opportunities for discussion many are very alarmed at the unilateral imposition of this Bill. Mainville also discusses Minister of Indigenous Affairs Greg Rickford’s comments that the Ring of Fire will not be designated a special economic zone until meaningful consultations occur. However, she notes that what constitutes meaningful consultation remains a critical question. Mainville emphasizes the importance of early engagement and how First Nations want to participate and be the decision makers.
In her second interview on June 5, Sara Mainville shared her reaction to the passage of Bill 5 expressing her disappointment over the lack of further discussions on the duty to consult amendment, viewing it as inadequate. Mainville also discussed the options for legal recourse noting that the law aims to restrict court access for advancing rights and that Indigenous leaders are taking a strong stance planning protests to raise public awareness and demonstrate that this is not the way to do reconciliation.
Mainville also addresses Premier Ford’s recent statements regarding the potential for blockades and protest and feels he is not taking the issue seriously enough. Further, the potential for productive conversations with Indigenous leaders is limited. While Minister Rickford was once viewed as an advocate, he has now lost the confidence of First Nations leaders affecting future dialogue.
Mainville also clarifies that the notwithstanding clause does not apply to section 35 rights, which are constitutional and discusses a possible path forward using section 35 and prior case law to find opportunities for the court to determine this is judicially reviewable.
JFK Law LLP remains committed to advocating for the rights and interests of Indigenous communities in Ontario in relation to Bill 5. JFK is releasing a 5-part blog post on Bill 5 and its ramifications in Ontario.
To read parts 1-3 of JFK’s Bill 5 blog series, see the links below:
Bill 5: Ontario’s Mining Act Amendments – Economic Ambitions at What Cost? – JFK Law – Canada
To listen to Sara Mainville’s interview on Here and Now Toronto regarding Bill 5, go to: