Federal Court ruling sides with First Nations in transparency dispute

Tories took aboriginals to court for refusing to disclose fiscal information online

OTTAWA— First Nations transparency legislation brought in by the Conservatives suffered a blow when the Federal Court ordered the government to halt legal efforts to force communities to comply while they challenge the constitutionality of the law.

And with a new Liberal majority under prime minister-designate Justin Trudeau, who has promised to review — and even rescind — Conservative legislation that conflicts with the rights of Aboriginal Peoples, the federal government could end up substantially changing the contro- versial First Nations Financial Transparency Act (Bill C-27).

“It’s up to this new government and we’re optimistic that they will revisit this whole legislation,” said Wallace Fox, the okimaw, or chief, of Onion Lake Cree Nation, a Treaty 6 territory in Saskatchewan and Alberta that the Conservative government had taken to court over its refusal to allow its detailed financial information to be posted online.

The Liberals are in the midst of preparing for the transition into government, but sent a strong signal Monday that revisiting the legislation is an option.

“I can’t speak for the future government, but I think that our record on the (First Nations Financial Transparency Act) is pretty clear, that we thought it was inappropriate to impose this without consultation and there are many other ways to achieve the mutual goal of accountability,” said re-elected Liberal MP Carolyn Bennett (Toronto—St. Paul’s), who served as aboriginal affairs critic in the previous Parliament.

“I’m pleased that the court has granted the stay and now the future government will get to get it right.” The Conservative government launched a court action against six First Nations in December 2014 after they refused to publish financial information — including the salaries and expenses of chiefs and band councillors — for fiscal 2013-14 as required under the First Nations Financial Transparency Act.

Seventy-six First Nations have so far refused to comply for fiscal 201415, according to the latest figures the Aboriginal Affairs and Northern Development Canada website.

“It’s up to this new government and we’re optimistic that they will revisit this whole legislation.” WALLACE FOX CHIEF, ONION LAKE CREE NATION

The department, under the direction of outgoing minister Bernard Valcourt, also withheld funding for non-essential services from First Nations communities that did not comply.

Onion Lake and Sawridge First Nation, near Slave Lake, Alta., launched their own court action arguing the legislation violates their constitutionally protected treaty rights.

On Friday, Federal Court of Canada Justice Robert Barnes issued a 24page ruling ordering the government to stop its legal efforts against the six First Nations to allow Onion Lake and Sawridge First Nations a full hearing on whether the law violates aboriginal rights.

“The greater public interest favours the respondent First Nations and their right to move forward with their litigation in the absence of the encumbrance of the attorney general’s competing application,” Barnes wrote.

Barnes did not go so far as to order the federal government to reinstate the funding for non-essential services, as requested by Onion Lake, but he left the door open to that possibility should the First Nation provide stronger evidence they have suffered irreparable harm.

The Aboriginal Affairs department did not respond to a request for comment Monday.