First Nations say Ontario bypassing mandatory consultation to accelerate land development

At least two First Nations in Ontario say the province has been accelerating land development while neglecting communities' constitutionally protected right to know and offer feedback about building plans.

An Indigenous rights lawyer says this lack of consultation is an issue in other parts of Canada, and could lead to an injunction or lawsuit for damages.

Six Nations of the Grand River and Mississaugas of the Credit, both in southern Ontario, have expressed concerns about Minister's Zoning Orders (MZOs) — which allow the province to immediately authorize development and bypass local planning rules to expedite what it wants built.

Municipal councils request MZOs on non-provincially owned land. Although they can be subject to a judicial review, MZOs can't be appealed or rescinded, unless the province does so.

Before 2019, MZOs were the exception to the rule, but now are being used more than ever.

That said, the duty to consult Indigenous communities trumps the power of an MZO.

A key pillar in Indigenous communities is to protect the environment, but they can't do that if they don't know what is being built.

"It's bad enough that we as Indigenous Peoples are being disrespected, but disrespecting Mother Earth and the natural environment is equally as important to highlight," Robbin Vanstone, Six Nations of the Grand River's consultation supervisor, told CBC Hamilton.

Six Nations and the Mississaugas treaty lands cover a large portion of Ontario, which means they can get a lot of requests from municipalities and developers.

"If it's not regulated or if there's not a process developed … it's a massive issue for us if we're not able to find a resolution with Ontario for this," Mississauga Gimaa (Chief) Stacey Laforme said in an interview.

Laforme said MZOs can impact the environment and disrupt archeological work.

Vanstone and Laforme said they focus on municipalities closest to them and developments most likely to harm the environment.

But, Vanstone said, developers aren't always keen to consult with First Nations.

"It's really difficult for us to make a stand against developers when we sometimes can't get them to the table," she told CBC Hamilton.