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
Robert Pickton stabbed with toothbrush and broken broom handle: victim's family
The family of one of Robert Pickton's victims says the convicted serial killer suffered an incredibly violent death at the hands of another inmate.
Republicans join Trump's attacks on justice system and campaign of vengeance after guilty verdict
Embracing Donald Trump's strategy of blaming the U.S. justice system after his historic guilty verdict, Republicans in Congress are fervently enlisting themselves in his campaign of vengeance and political retribution in the GOP bid to reclaim the White House.
Is carbon pricing a politically feasible climate policy? Research says maybe not
Research suggests the Liberals may be fighting a losing battle, and some experts are urging policymakers to look for alternative policies to lower emissions, warning the threat of climate change is too dire to delay action.
Ex-husband charged with murder in death of Lumby, B.C., woman
The ex-husband of Tatjana Stefanski – the woman whose disappearance and death set the small town of Lumby, B.C., on edge last month – has been charged with her murder.
U.K. ambassador to Mexico out after video allegedly shows him pointing a rifle at a colleague
The U.K.’s ambassador to Mexico has left his post after a video was posted on social media that purportedly shows him pointing an assault rifle at an embassy employee.
U.S. defense secretary says war with China neither imminent nor unavoidable, stressing need for talks
United States Secretary of Defense Lloyd Austin told a gathering of top security officials Saturday that war with China was neither imminent nor unavoidable, despite rapidly escalating tensions in the Asia-Pacific region, stressing the importance of renewed dialogue between him and his Chinese counterpart in avoiding "miscalculations and misunderstandings."
Daughter of Angelina Jolie and Brad Pitt files court petition to remove father's last name
A daughter of actors Angelina Jolie and Brad Pitt filed paperwork to legally remove "Pitt" from her name on the day she turned 18.
Oilers beat Stars, one win away from Stanley Cup berth
Ryan Nugent-Hopkins scored two power-play goals as Edmonton smothered the Dallas Stars 3-1 to take a 3-2 lead in the NHL's Western Conference final on Friday.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.