Good afternoon, committee. Thank you for accepting my application to speak today.
My name is Jason Batise. I'm the executive director of the Wabun Tribal Council in Timmins. I represent six first nations in northeastern Ontario.
I'm here today because Canada hasn't consulted us about Bill C-53 and has told us it is none of our business. The impacts to our land and way of life make it our business. Legitimate Métis groups should have their rights protected, but this is not what this bill does. The bill opens the door for a wave of illegitimate claims to alleged Métis rights across Ontario.
The focus of the Wabun Tribal Council and our communities is on protecting our people and lands, which we have occupied since time immemorial. One key way Wabun communities have been doing that is through economic development and reconciliatory action with industry. We are probably subject to the most intensive mining exploration activity in the country. We currently have 10 mines operating within our traditional lands, with three new mines now in development. We also deal with over 80 mineral development exploration permits on a daily basis.
In Wabun territory, we've created a model that works for both first nations and industry, providing benefits for our communities and for all Ontarians. Bill C-53 would severely disrupt our relationship with industry by allowing MNO to create illegitimate communities with section 35 rights on our territory—illegitimate groups that are already demanding that industry pay them for impacts to our land.
Aboriginal rights do not exist in the abstract. They are tied to the land. Canada should not be creating a treaty process for entities that don't have legitimate entitlement. The claim that there are Powley-compliant communities in our territory is ludicrous. MNO keeps repeating the mantra that it has Powley-compliant, independent registry processes. That's false. It can't comply with Powley, because those alleged historic communities never existed. Bill C-53 would recognize the alleged Métis communities in our territory as section 35 rights holders, but we know they aren't. We know this because it's our land. We've been here for thousands of years.
We also know this because we did the research. We hired leading experts to examine the claims of the group in our territory. It shows very clearly that the claims of the MNO communities in the Wabun territory are simply false. We've forwarded it to the committee, but you can also find it on our website. We have nothing to hide. The Red River Métis have called these MNO communities fraudulent, fabricated and not part of the Métis nation, so it's not just us saying so. It's the Métis nation of Manitoba and the Red River people. The Métis National Council itself is starting an expert panel process to investigate the legitimacy of the MNO claims.
We as first nations know everything about our lands. It is not credible that we never noticed a whole other group of distinct indigenous people living where we live. We cannot understand why Canada is dismissing first nations' concerns. Canada refuses to talk to us meaningfully or to disclose any information about the legal basis for the bill.
We also have concerns about the way the bill is drafted. If you look at clause 8 and the schedule of the bill, there is no definition, apparent restriction or clarity on the “Métis collectivity” being recognized in Ontario, other than that MNO gets to decide. This is not like giving first nations control over membership, which we don't have. It's like giving the AFN or the Chiefs of Ontario the power to unilaterally create new first nations. Canada brushes off our concerns with “Don't worry about it. This is just about internal matters.”
The bill creates a treaty process for MNO. This is about land. MNO's representatives have looked me right in the eye and told me the land next to my home community of Matachewan First Nation is theirs. They challenged us on our treaty land entitlement claim and asked us to allow them to use our land because it is theirs. MNO has already been making aggressive demands in our territory, attempting to delay projects we already consented to in order to extract outrageous demands for benefits agreements from industry. Margaret Froh is on record saying there can be no electricity transmission development in Ontario without equity participation for MNO.
The long-term consequences of this bill will be catastrophic for our communities and for industry. Once MNO has a legal platform, there will be a massive increase in the financial burden on industry in terms of the cost of doing consultation with an illegitimate group, the cost of accommodating MNO's demands and the likelihood of extensive litigation by MNO. Canada is sowing the seeds of generations of unnecessary conflict by refusing to consult with us.
Canada has not thought through the consequences of this. If our treaty partner thinks it can unilaterally change the promises it made to us in Treaty No. 9 and give away rights to an illegitimate group, then you have another think coming. You don't understand what you're doing, and we implore you to pause this legislation and talk to us about it.
Meegwetch.