Ontario First Nations denied equal access to justice, lawsuit alleges
A political organization representing Ontario First Nations has launched a constitutional challenge against the province and the government of Canada, alleging First Nations are being denied equal access to justice.
A statement of claim filed by the Chiefs of Ontario says that many provincial and federal laws -- including those related to tenancy, land management and environmental protection -- don't apply on reserves.
The document says that while First Nations can make their own laws and bylaws to fill in those gaps, they aren't effective without enforcement and prosecution.
The lawsuit alleges the governments do not provide enforcement or prosecution services in relation to First Nations laws, nor do they provide enough funding for First Nations to hire their own enforcement officers or prosecutors.
It further alleges Ontario's Community Safety and Policing Act, which took effect April 1, explicitly excludes the enforcement of First Nations bylaws from mandatory policing duties and is "ambiguous" on the enforcement of other First Nations laws.
The lawsuit says the lack of resources is harming First Nations people by impeding their ability to combat addiction, exclude dangerous people from communities, regulate tenancy and evictions, and prevent the dumping of waste, among other things.
"This leaves us with no access to justice and unsafe communities," Ontario Regional Chief Glen Hare said in a news conference Tuesday morning.
"The rule of law that other Ontarians take for granted is an illusion for us. Failing to enforce and prosecute our laws is discriminatory to First Nations and puts our communities at serious risk."
None of the allegations have been tested in court and a statement of defence has not yet been filed.
This report by The Canadian Press was first published May 7, 2024.
CTVNews.ca Top Stories
Ontario gave parents more than $1B in cash over 2 years. Here's where the money went
During the pandemic, the Ontario government started to hand out cash to parents to help offset the cost of at-home learning while schools were shuttered.
One dead, 26 wounded in overnight shooting in Ohio: reports
A shooting on a street in Akron, Ohio, killed one man and wounded 26 other people early Sunday morning, according to reports by local news outlets.
Do this once a month and extend your life by up to 10 years. No gym required
Research shows that art experiences, whether as a maker or a beholder, transform our biology by rewiring our brains and triggering the release of neurochemicals, hormones and endorphins.
Ambassador says interactions with Russia 'quite limited' but 'not unfriendly'
Canada's ambassador to Russia says while Ottawa has 'grave concerns' about the Kremlin's 'longer-term trends,' the war in Ukraine is 'a primary barrier to a change in the relationship.'
Bathroom break nearly derails $22 million project at city council meeting
A brief break during Wednesday's city council meeting in Saskatoon nearly cost the city dearly.
Mass parachute jump over Normandy kicks off commemorations for the 80th anniversary of D-Day
Parachutists jumping from Second World War-era planes hurled themselves Sunday into now peaceful Normandy skies where war once raged, heralding a week of ceremonies for the fast-disappearing generation of Allied troops who fought from D-Day beaches 80 years ago.
Lanny McDonald and a few old Flames take the Stanley Cup on a surprise visit to the man who saved his life
The Stanley Cup was passing through town Friday, and Lanny Legend took it upon himself to take it for a surprise visit.
South Korea vows 'unbearable' retaliation against North Korea over its launch of trash balloons
South Korea said Sunday it’ll soon take retaliatory steps against North Korea over its launch of trash-carrying balloons across the border and other provocations.
Chad Daybell sentenced to death for killing wife and girlfriend’s two children in jury decision
Jurors resumed deliberations Saturday on whether a man should be sentenced to death after being convicted days earlier of the murders of his wife and his girlfriend’s two youngest children in Idaho.