Mississaugas of the Credit First Nation says Ontario should repeal housing plan, leave Greenbelt alone

Mississaugas of the Credit First Nation (MCFN) is asking Ontario to repeal its new, controversial housing legislation and stop its proposed changes to the Greenbelt.

The More Homes Built Faster Act — also known as Bill 23 —has faced heavy criticism from people who say it will override local planning powers, limit the ability of municipalities ability to collect development charges and reduce public input on development.

The legislation is part of Premier Doug Ford's plan to build housing across Ontario, which some, such as Hamilton Progressive Conservative MPP Donna Skelly, have applauded, saying urban densification won't do enough to solve the housing crisis.

The MCFN letter, published online on Dec. 12, says the province has a legal obligation to consult with Indigenous communities when its actions impact treaty rights — but the first nation says it hasn't been consulted.

It also says the changes will have "adverse impacts" on treaty rights, land claims, the environment, planning and archeology within the first nation's territory.

The legislation aims to build at least 50,000 new homes on more than a dozen tracts of land now in the Greenbelt, while adding roughly 2,000 acres of protected land elsewhere.

The letter said the province may be contravening the its "duty to consult and accommodate" and the calls to action from the Truth and Reconciliation Commission (TRC), among other things.

"We have a responsibility to protect this land for our next seven generations," reads the letter. "This act is putting that obligation at risk."

Earlier this year, MCFN shared concerns about how Ontario was accelerating land development, in particular through the use of Minister's Zoning Orders, while neglecting MCFN's constitutionally protected right to know and offer feedback about building plans.

Province 'committed' to complete duty to consult

Conrad Spezowka, a spokesperson for the Ministry of Municipal Affairs and Housing, said in an email the government is taking a "balanced approach" to help municipalities's plans to grow while also protecting the environment.

"We continue to respect Aboriginal and treaty rights which are protected by section 35 of the Constitution Act, 1982, and are committed to meeting our constitutional obligations to consult with Indigenous communities," Spezowka wrote to CBC Hamilton.

"The government is committed to fulfilling its duty to consult and is focused on creating meaningful relationship with Indigenous communities and partners as we look to advance prosperity for all Ontarians."

Stacey Laforme, the Gimaa (Chief) of MCFN, said he isn't satisfied with that response, saying there needs to be "genuine outreach and dialogue."

"We need to have a better method of dialoguing with the province of Ontario ... we've been after that for a while," he said.

Laforme said Bill 23, along with plans to build Highway 413, leave him "very concerned."

"I understand we need places to grow and we need housing, but we should've learned by now that can't come at the expense of the environment," he told CBC Hamilton.

"If the government wants to work with us throughout our treaty lands and look at options or exploring on how we protect the environment at the same time we look at growth, we're open to that."

Hamilton urban Indigenous leaders weigh in

This also comes after several urban Indigenous leaders met with Hamilton city councillors Monday to discuss numerous issues, including the new housing bill and changes to the Greenbelt.

Hamilton Community Legal Clinic's Indigenous justice coordinator Lyndon George, also known as NaWalka Geeshy Meegwun-LongFeather, said the Indigenous community has a responsibility to protect the wildlife within the Greenbelt.

He said while the community knows how to "shut down highways and keep those bulldozers from coming in," George also said governments building relationships with Indigenous communities is the way to protect that wildlife.

Audrey Davis, Hamilton Regional Indian Centre's executive director, said the province doesn't need to open up the Greenbelt, pointing to unused land in the city.

"It's dumbfounding we sit on our territories and don't have land," she said.

"We are more than on board to work with any developer to get housing in there or better yet, let it be Indigenous owned and operated."

CBC Hamilton also reached out to Six Nations elected council and the Haudenosaunee Confederacy Chiefs Council for comment but did not hear back before deadline.