By: Pam Wright, Local Journalism Initiative Reporter, Chatham Voice
Walpole Island First Nation (WIFN) has joined a constitutional challenge aimed at quashing Ontario’s Bill 5.
The recent announcement means Bkejwanong Territory (WIFN) joins a growing chorus of First Nation communities and environmental groups opposed to changes proposed by both the federal and provincial government’s omnibus legislation.
As part of Ontario’s Bill 5 passed in June 2025, the government reversed its decision to place an environmental assessment on the controversial York1 landfill project at Dresden. Under the Protect Ontario by Unleashing the Economy Act, Premier Doug Ford said the landfill expansion is necessary to protect Ontario in the event U.S. President Donald Trump closes the border to Ontario’s garbage.
Currently, Michigan and New York accept a significant portion of the province’s waste.
As part of the Ontario Superior Court lawsuit, First Nations groups say both government bills “severely threaten” their way of life on their home territories, the environment, human freedom as well as the right to take part in decisions affecting their land and lives.
In a media release, WIFN Chief Leela Thomas said the band will continue to fight the landfill expansion.
“Bill 5’s removal of the requirement for an environmental assessment of the proposed Dresden landfill is a direct threat to my community’s wellbeing and our ability to continue to practice our way of life,” Thomas stated. “We won’t stop fighting these laws until we are assured that our voices will be heard and respected when it comes to developing projects in our homeland territory.”
York1 officials claim they are within their rights to proceed, based on an existing landfill license. However, that license is more than 40 years old.
Backlash against the landfill expansion located on Irish School Road north of town has been vigorous. Its opponents include a long list of environmental defenders, as well as Ontario’s opposition party leaders.
Also joining the Superior Court challenge are Nature’s Defense; Sierra Club Canada and the International Human Rights Program at the University of Toronto Henry N.R. Jackman Faculty of Law.
According to the challenge, which now includes 14 First Nation bands, the bills (the federal government’s Bill C 5 is also listed) concentrate “almost unrestricted power” in the federal and provincial governments’ hands, clearing the way for large-scale projects without proper analysis or consultation.
“They (the bills) were rushed through and passed over the objections of First Nations and leadership across the country with almost no input or participation with First Nations,” the document said.
In November, York1 launched a legal challenge against the Municipality of Chatham-Kent, alleging the company does not need environmental planning or zoning changes to proceed, which is directly in conflict with what C-K officials said is needed.
The matter remains before the courts.
