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Canada National Parks Act

Bill to Amend--Second Reading--Debate Adjourned

June 6, 2023


Moved second reading of Bill C-248, An Act to amend the Canada National Parks Act (Ojibway National Urban Park of Canada).

He said: Honourable senators, I rise today as the Senate sponsor of Bill C-248, An Act to amend the Canada National Parks Act (Ojibway National Urban Park of Canada), which passed the House of Commons on April 26, 2023, after a near‑unanimous third reading vote of 319 to 1 and which was introduced in the Senate the same day. It is my expectation that this bill will be sent to the Standing Senate Committee on Energy, the Environment and Natural Resources, and it is my hope that it will be referred before the summer recess.

Given the time of year and the hour of the day, and the fact that the principle of the bill has overwhelming support and should thus result in a relatively quick second reading, I promise I will not speak for the allotted 45 minutes.

I thank the bill’s sponsor, Mr. Brian Masse, Member of Parliament for Windsor West, where the park will be located, for his dedicated work for many years on this significant project, both outside and inside Parliament. The idea for this bill was initiated by a public town hall hosted by Mr. Masse in 2019, but the fight to establish Ojibway national urban park has been ongoing for decades. I wish to acknowledge the residents of the Windsor region and the local Indigenous peoples who have been working diligently and passionately to protect this significant green space and its ecosystem.

As a senator from southern Ontario — my hometown of Kitchener is not far from Windsor — I am honoured to have been asked to shepherd this legislation through the Senate. This is also important to me as a staunch and long-time advocate for reconciliation between Canada and Indigenous peoples.

This is one bill, colleagues, where I will not refer to any clauses because if you have read it, you will have found it to be little more than longitudinal and latitudinal coordinates and 304 instances of the word “thence.” Indeed, Samuel de Champlain’s astrolabe might prove useful in that regard.

The bill itself sets out the boundaries of the approximately 900 acres of publicly owned land that will become Ojibway national urban park: Ojibway Park, Spring Garden Natural Area, Black Oak Heritage Park, Tallgrass Prairie Heritage Park, Ojibway Prairie Provincial Nature Reserve and Ojibway Shores. Of note is that Ojibway Shores, a 33-acre green space, is the only remaining undeveloped natural shoreline in the Windsor-Detroit area and is home to 130 endangered species.

Crucially, ownership of the land on which Ojibway Shores is located was also recently transferred in May from the Windsor Port Authority, under Transport Canada, to Parks Canada. That had been a long-standing hurdle, now overcome, on the journey toward creating Ojibway national urban park.

Colleagues, the lands that compose the future Ojibway national urban park — including the Detroit River — are home to hundreds of endangered species, including butterflies, birds, other fauna and trees, and it also mitigates flooding due to climate change.

Further, as you all know, North America’s busiest border crossing is between Windsor and Detroit, and is currently served by the Ambassador Bridge. In 2025, the long-awaited Gordie Howe International Bridge is expected to be completed and opened to traffic, also between Windsor and Detroit. With six lanes for vehicle traffic — three Canada-bound and three going into the United States — and one multi-use lane for pedestrians and cyclists, the new bridge will serve as a vital new link for people and trade between Canada and the United States at our busiest crossing.

However, progress for the economy, including increased tourism, often comes with hardship for the environment. With thousands of vehicles, including transport trucks, expected to cross the bridge every day for business and ecotourism, as is already the case for the Ambassador Bridge, the impact on the local ecosystem, especially endangered species, in the adjacent lands of the proposed Ojibway national urban park will increase significantly.

Compared to the Parks Canada process, the more expedient process of this bill, which will ensure the impacted land and ecosystem are protected sooner once the bill is enacted, is partly why local Indigenous communities and environmental groups, along with the City of Windsor, whose city council in April 2022 voted unanimously for a resolution supporting Bill C-248, are all in favour of this bill.

Also, the creation of the park and the resulting protection and preservation of its land and species will offer significant mental health benefits as residents of the local communities and surrounding areas will be encouraged to get outside and enjoy the park. We all saw how important access to green and outdoor spaces was during the worst of the COVID-19 pandemic when lockdowns and social distancing were in effect.

Colleagues, in my introduction, I referred to reconciliation. It is important to note that along with the City of Windsor; the Wildlands League, a major national conservation organization; and the Friends of Ojibway Prairie, a volunteer group that promotes public awareness of the biological and historical importance of the Ojibway Prairie Complex, the Caldwell First Nation also offers its vital support for Bill C-248.

On October 28, 2022, during consideration of Bill C-248 at the House of Commons Standing Committee on Environment and Sustainable Development, Mary Duckworth, Chief of the Caldwell First Nation, appeared as a staunch supporter of the bill, the process it has undertaken and the ultimate creation of Ojibway national urban park. In responding to a question from Mr. Masse about whether Caldwell First Nation views the park as reconciliatory — after claims by Chief Duckworth that Caldwell First Nation was not meaningfully consulted by the federal government about the Gordie Howe International Bridge, which is being constructed on its ancestral territory — Chief Duckworth spoke about the importance of action in reconciliation. She said:

In truth and reconciliation, we talk about that, and the truth is that we’re trying to create a national park through a legislative framework so that it is solid and it will be there.

The reconciliation part comes with action. There can be no truth and reconciliation without actions from the governments that sit over top of the nations. We like to see ourselves as equals to you; however, we are not treated as equals, as you know.

She went on to say:

Being able to have truth and reconciliation means exactly what we’re doing. Look at us all working together at different levels of government, as well as non-government, special interests and people who care about the environment. We’re all at the table.

We’re all waiting. . . .

In closing on that question, with a specific reference to Parliament enacting the United Nations Declaration on the Rights of Indigenous Peoples Act in June 2021, Chief Duckworth stated that:

. . . we know Canada has aligned itself with the rights of indigenous people. Where is Canada at with that? Now that Canada has adopted that, it’s a piece that we need to look at when we’re developing these parks and respecting what is happening.

Colleagues, as Chief Duckworth made clear, and as we have heard so much in the past few years as we discuss reconciliation and the nation-to-nation relationship between Canada and Indigenous peoples, words are nice, but they’re nothing without action.

The treaty rights to the Anishinaabe territory on which the parcels of land that will compose Ojibway national urban park are held by the peoples of the Three Fires Confederacy. That is the Anishinaabeg in the Windsor area, which comprises the Ojibwe, Odawa, and Potawatomi peoples.

I understand that Parks Canada is actively engaged with the Caldwell First Nation and the Walpole Island First Nation on co‑management agreements in which both nations are interested. According to the Parks Canada website, both nations have also:

. . . expressed strong interest in . . . the potential of the park as a place for traditional and cultural practices, a place to demonstrate leadership in conservation and stewardship, and a place with potential for economic benefit for their communities.

So, colleagues, Ojibway national urban park is not just a park but an example of reconciliation in action.

As Chief Duckworth said at committee in the other place, part of the reason getting the park established through this bill is so important not just to the local First Nations but also to the residents of the Windsor area is that it is a concrete, legislated framework.

That leads me to address the concerns about the competing processes underway to create Ojibway national urban park. As I said at the beginning of my remarks, establishing Ojibway national urban park is a long-standing goal of many stakeholders, including Parks Canada. The goal is not in dispute but, rather, the path to achieve it.

I will be brief in summarizing this debate at second reading as it is during eventual review by the Committee on Energy, the Environment and Natural Resources that these technical and very important details should be studied.

Mr. Masse, Member of Parliament for Windsor West, introduced Bill C-248 in the House of Commons on February 9, 2022, after a public town hall in August 2019 where the plan to create Ojibway national urban park was initiated. It was not until two years later, in August 2021, that Parks Canada launched its national urban parks program. According to the backgrounder on the program available on Parks Canada’s website:

The new National Urban Parks program will build on the many successes of the Rouge National Urban Park, exploring different approaches that involve working with partners to develop collaborative and innovative management and governance frameworks.

The backgrounder further states that:

Parks Canada is developing a national urban parks policy to guide the designation and management of national urban parks. The Policy will provide a flexible framework in recognition of the unique characteristics and local circumstances of each national urban park, such as local Indigenous authorities, while also ensuring that national urban parks across the country meet a common set of standards.

That is all well and good, and Parks Canada is, of course, an agency of which all Canadians should be proud for its stewardship of our best-in-the-world national parks. However, while Bill C-248 has, between February 2022 and today, gone through the entire legislative process in the other place, with extensive public consultation before and during, and is now being debated in this chamber, the Parks Canada national urban parks policy is, nearly two years after its launch, still in draft form. In fact, its website, as of two weeks ago, on May 23, when it was last modified says:

Over the coming months Parks Canada will prepare a first edition of the National Urban Parks Policy. . . .

I do not believe, colleagues, that Bill C-248 is cutting any corners, neither in terms of consultation nor due diligence. What I do believe, as someone with a few decades of experience in public policy and governance, both as a federal public servant and as a parliamentarian, is that this debate comes down to bureaucratic process versus action.

The approximately 900 acres of publicly owned land that will compose Ojibway national urban park is an area of significant biodiversity that is home to hundreds of endangered species.

Protecting the land and conserving its natural environment is vital for the flora and fauna that call it home, for the region’s human residents who rely on the green space to lead active lives conducive to their physical and mental health, for the regional economy on both sides of the international border and for the strengthening of the nation-to-nation relationship between Canada and Indigenous peoples who have called these lands home since time immemorial.

All of this, while the explicit goal of stakeholders on all sides, will happen sooner through this legislation than it will through the national urban parks policy of Parks Canada.

I would encourage all honourable senators interested in this legislation, and especially members of the Committee on Energy, the Environment and Natural Resources, to review the debate on this bill in the other place, as well as the transcript of the meeting held last October 28 at the House of Commons Standing Committee on Environment and Sustainable Development.

While there are indeed questions about process and consultation, the creation of Ojibway national urban park — the very principle of the bill — has overwhelming support both inside Parliament from all parties, including the government, and outside Parliament, including from Parks Canada.

Therefore, colleagues, I encourage senators to vote to refer Bill C-248 to the Committee on Energy, the Environment and Natural Resources expediently, before the summer recess, so the bill and any concerns may be studied in depth by the committee when we return in the fall.

Thank you.

Hon. Michael L. MacDonald [ + ]

Honourable senators, I rise today as critic of Bill C-248, An Act to Amend the Canada National Parks Act (Ojibway National Urban Park of Canada).

This bill proposes to create the Ojibway national urban park in Windsor, Ontario. It is the product of years of effort from Brian Masse, the Member of Parliament for Windsor West, and I first and foremost want to commend him for his passion and determination on this initiative. As you know, colleagues, shepherding a private bill through Parliament can be a challenging task.

You may have recently received an information package from the MP’s office regarding this bill, which I found to be thorough and helpful, and I encourage you to review it if you have not already done so. Senator Boehm, the sponsor of the bill here in this chamber, has just provided us with a detailed overview of the legislation, so I do not intend to speak at length, but I do want to outline why, as critic, I am comfortable and supportive of Bill C-248.

Essentially, this bill is 22 pages of coordinates. There’s not much to it. These coordinates mark the latitudinal and longitudinal boundaries that would be added to Schedule 1 of the Canada National Parks Act, creating the Ojibway national urban park of Canada.

This new national urban park, or NUP, would amalgamate six existing public land areas, including Ojibway Park, Spring Garden Natural Area, Black Oak Heritage Park, Tallgrass Prairie Heritage Park, Ojibway Prairie Provincial Nature Reserve and, finally, Ojibway Shores, a 33-acre green space that is the last remaining undeveloped natural shoreline in the Windsor-Detroit area. If looking on a map, these lands are essentially adjacent to each other in the western area of Windsor and are all already publicly owned.

Together with the Detroit River, the Ojibway NUP would provide for 900 acres of green space in an environmentally sensitive area that is already pressured by industrial development and its role as a transportation hub. The Windsor-Detroit border crossing is already the busiest border crossing between Canada and the United States, and with the Gordie Howe International Bridge set to open in 2025, pressures on the neighbouring ecosystems are bound to increase.

Although we all enjoy parks and green space for their natural beauty and recreational opportunities, these lands also serve a major role in protecting the local flora and fauna. The area we are discussing today constitutes the home of hundreds of rare and endangered species. Many of these species rely on the area for migration and habitat. It is an environmental hotspot that, in my opinion, should be provided the appropriate federal protections.

In a 2017 ecological report entitled Ojibway Shores Natural Heritage Inventory/Evaluation, which looked at the Ojibway Shores area alone, 554 different species of flora and fauna were documented on the land during the study, 28 of which were federally or provincially protected species.

The report adds, “. . . Ojibway Shores is an important stop‑over for migratory birds which includes eight Species at Risk . . . .”

It concludes:

Undertaking this study has provided a unique opportunity to study an unaltered piece of habitat in an otherwise developed area. Despite such close proximity to development and residing in a bi-national Area of Concern . . . Ojibway Shores supports a number of species and likely supports many more living adjacent to the property. Given the species diversity and habitat heterogeneity, this property would be a great candidate for preservation and habitat enhancement.

Furthermore, in a letter endorsing this bill, the environmental organization Wildlands League stated:

Windsor embodies the threats and opportunities that are being faced across Canada’s South. Its remnant Tallgrass Prairie is the most endangered ecosystem in Canada, and there are more rare species than anywhere else in Ontario. It is a biodiversity hotspot within a hotspot. But Tallgrass is also the land cover most resilient to a warming climate and one of the best natural sponges when the skies open up and water rises. This is a natural solution in a city where annual flooding makes insurance almost impossible to obtain.

Colleagues, our national parks are something I think all Canadians treasure, all with uniquely memorable beauty. Banff, Jasper and the Pacific Rim National Park Reserve out west come to mind. Or on the East Coast, I think of Gaspé, Quebec; Gros Morne National Park, Newfoundland; and, of course, Sable Island National Park Reserve and the Cape Breton Highlands National Park, both in Nova Scotia.

Although these lands may be celebrated for their picturesque and quintessentially Canadian landscapes, our national parks are also critical to protecting vulnerable ecosystems, which is why I believe there is growing interest in the establishment of more national urban parks near our ever-expanding and developing urban centres.

Ojibway national urban park would be the second national urban park in the country, following Rouge National Urban Park in Toronto, which I sponsored in this chamber. Parks Canada is currently studying the feasibility of establishing four other national urban parks in other urban areas. National urban parks provide an opportunity to not only preserve the beauty in the natural green space but also provide the protection of habitat for our flora and fauna that are increasingly pressured by nearby urban development.

As I’ve already mentioned, colleagues, all lands that would constitute Ojibway national urban park are already in public ownership. There are no private lands in question, and the current public entities that own the areas that would form this national urban park are all in support of transferring ownership and control to the federal government.

As I mentioned at the outset, the proposed urban park is the culmination of years of efforts by local residents and stakeholders, so allow me to outline the process and support for the project.

The initiative was officially launched in 2019 with a town hall hosted by Mr. Masse to publicly discuss the formation of the Ojibway NUP with local and national organizations, including grassroots groups such as The Friends of Ojibway Prairie, Friends of the Rouge, the Detroit River International Wildlife Refuge, the Wildlands League, scientists and local Indigenous leaders. All Windsor municipal, provincial and federal officials committed to this initiative.

Caldwell First Nation and Chief Duckworth also fully support the establishment of the park. It is also significant to note that it was announced that Ojibway national urban park is to be co‑managed with the Indigenous community.

In terms of municipal support, in 2021, the Windsor city council unanimously endorsed the proposal and have indicated their intent to transfer its lands to the federal government as soon as feasible for Parks Canada.

Also in 2021, the federal government signed a statement of collaboration with the City of Windsor to work towards designating the area as a national urban park and, furthermore, committed $130 million towards the establishment of national urban parks. It was at this point in the process, after years of collaboration and widespread support, that Mr. Masse introduced his bill in the House of Commons in February 2022. Since this time, the Ontario Ministry of the Environment, Conservation and Parks has committed to transferring ownership of Ojibway Prairie Provincial Nature Reserve, one of the six parks that would constitute the NUP, to the federal government.

And, finally, in what Mr. Masse called the “final piece of the puzzle,” Ojibway Shores, the 33-acre parcel of undeveloped land on the shores of the Detroit River, has officially been transferred from the Windsor Port Authority, under Transport Canada, to Environment Canada, allowing for Parks Canada control.

Bill C-248 then passed in the House of Commons at third reading by a margin of 319 to 1.

Colleagues, after due process in the other place, it is now in our hands, and although I speak to you today as critic, I do so in full support of Bill C-248. Given the extensive support that this bill has, including all-party support, I believe it would be prudent of us to act on this bill as quickly as possible and, therefore, I recommend we send it to committee as quickly as possible. Thank you, colleagues.

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