Bill 5 passed the Ontario legislature to become law on June 4, despite strong opposition, particularly from First Nations groups.
Ontario’s Bill 5, officially titled the "Protect Ontario by Unleashing our Economy Act," exempts major developments from rigorous environmental and archaeological assessments. Its purpose is to fast-track development by creating special economic zones that would free developers from various regulations. Critics argue this effectively creates "law-free" zones that undermine environmental protections and Indigenous rights.
A significant local development affected by Bill 5 is the proposed waste facility north of Dresden on Irish School Road in Chatham-Kent. The Act removes the requirement for a full environmental assessment for this project, which involves resuming landfill operations, and expanding waste handling and processing. It will no longer be subject to the comprehensive environmental review previously mandated.
As recently as March, the PC government had pledged that the landfill site would be subject to an environmental assessment under the Environmental Assessment Act. With the passing of Bill 5, however, they have now reneged on that promise.
Walpole Island First Nation/Bkejwanong and allied First Nation communities are among those calling for urgent federal intervention to halt the proposed Dresden landfill project.
They, along with other concerned citizen groups, contend that the project poses unacceptable risks to ecosystems, public health, First Nation sovereignty, and fundamental constitutional rights. They highlight threats to endangered species, sacred burial sites, and vital aquifers. The lack of transparent oversight, now enshrined in Bill 5, is seen as undermining reconciliation efforts and public trust.
The planned facility will include regenerative recycling operations for construction and demolition waste, and unprocessed soils. The Ford government's public justification for including the Dresden landfill in Bill 5 is the need to address Ontario's waste capacity issues and reduce reliance on the U.S.
According to the government, approximately 40% of Ontario's waste, particularly from businesses, is currently sent to landfills in the United States. The Ford government has repeatedly raised the concern that the U.S. could potentially cut off or tariff these garbage shipments, which would create an "immediate crisis" in Ontario's waste management.
Leela Thomas, Chief of the Walpole Island First Nation, states that "this project has been in the works for years" and expresses disbelief in Ford’s justifications regarding Trump’s trade war. She asserts that the developers, York1, and individuals connected with the company, are significant donors to the PC party.
“There are hundreds of other existing landfills with the capacity to handle that waste,” Thomas says.
Liberal MPP Ted Hsu has formally requested an investigation by the province's Integrity Commissioner into whether Premier Doug Ford and three cabinet ministers may have contravened the Members' Integrity Act over the Dresden landfill project, citing "substantial political donations" from developers and executives with a direct financial stake in the landfill.
“It is disappointing, but not surprising,” says Thomas about the passage of Bill 5. She says her message has fallen on the deaf ears of many of the MPPs she has contacted.
“The fight is not over,” Thomas declares, stating that opposition to the bill is growing and will persist. “This could spark another Idle No More movement.”
She encourages all Ontarians to learn about the history of Indigenous peoples, the treaties, and to understand the duty to consult First Nations regarding environmental issues.
While an amendment to Bill 5 did include a clause for a “Duty to Consult,” critics argue that it is superficial and meaningless, given that the overall effect of the bill is to eliminate the necessity for such consultation.
For First Nations, the affected lands and waterways are not only ecologically unique but also culturally sacred. The region includes sacred burial sites, historic Black settlements, and migratory bird routes that are integral to both Anishinaabe and Black Canadian heritage.
“This project violates our inherent and constitutional rights. It exemplifies environmental racism, undermines First Nations sovereignty, and threatens ecosystems we’ve protected for generations,” said a spokesperson from Walpole Island First Nation. “We demand full consultation, recognition of our stewardship responsibilities, and the immediate rejection of this proposal.”
The project site sits adjacent to Molly’s Creek and the Sydenham River, a vital spawning ground designated by the Ministry of Oceans and Fisheries. It is home to over 88 endangered species, many protected under the federal Species at Risk Act (SARA). The International Union for Conservation of Nature (IUCN) recognizes the East Branch of the Sydenham as a Key Biodiversity Area of global importance. Contamination from the proposed landfill could directly threaten this fragile ecosystem and the Great Lakes, a primary drinking water source for nearly 30 million people.
Walpole officials state that the proposed site is a former unsanctioned bomb disposal area with known unexploded ordnance, as well as buried fly ash and industrial waste. It lies over the Kettle Point aquifer and overlaps with wetland and floodplain zones, threatening local water supplies. Furthermore, being within 800 metres of residential and agricultural areas, it violates existing buffer zone regulations.
They assert that the project is being pursued without Free, Prior, and Informed Consent (FPIC) from affected First Nations, which is in direct contravention of Section 35 of the Canadian Constitution, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and other legal precedents.
Walpole Island/Bkejwanong affirms that this territory remains unceded. No treaty has been signed with provincial or federal governments meaning the land is still under Aboriginal Title, giving the Nation legal authority to reject harmful projects and protect its territory.
Walpole Island First Nation/Bkejwanong has called on the Government of Canada and Ontario to:
- Uphold Section 35 and UNDRIP Articles 25 & 29 by halting the project.
- Impose an immediate moratorium on the Dresden landfill proposal.
- Reject Ontario Bill 5 and condemn its breach of constitutional rights.
- Launch a Federal Environmental Assessment due to transboundary water risks.
- Enforce setbacks under the Renewable Energy Act and Landfills Act.
- Trigger a Comprehensive Federal Fisheries Impact Assessment for the Sydenham River.
A statement from Carolane Gratton, a spokesperson for Indigenous Services Canada, reads:
“The Government of Canada is committed to working in full partnership with First Nations, Inuit, and Métis to uphold their rights, advance their priorities, and ensure their voices are heard in decisions that affect their lands, waters, and communities.
The Crown’s duty to consult is not optional, it is a legal obligation that applies to all levels of government. We believe that Indigenous participation strengthens environmental outcomes and accelerates responsible development. Working together, in the spirit of reconciliation and in alignment with the United Nations Declaration on the Rights of Indigenous Peoples and the rights entrenched in constitutionally protected Treaties, is the only path forward.
The Department will participate in assessment and consultation processes when federal impact assessments for projects are required. This will support decision-making that is informed by potential project impacts to the health, social, and economic conditions of Indigenous Peoples.”
However, they did not specify what their response to Ontario’s Bill 5 would entail.
“We are not just stakeholders,” says Thomas. “We are Rights Holders, defenders, and guardians of these lands and waters. We call on Canada to lead with humility, justice, and the courage to do what is right.”