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.
Tick season is underway in Ontario. Here's how to protect yourself
Tick season is well underway and there is a new species of ticks causing new diseases, which is why you need to take steps to protect yourself.
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.
Is intermittent fasting better than counting calories? Maybe not, but you might stick with it
As weight-loss plans go, it's easy to see the allure of intermittent fasting: Eat what you want, but only during certain windows of time — often just eight hours a day.
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.
Jennifer Lopez cancels summer tour: 'I am completely heartsick and devastated'
Jennifer Lopez has cancelled her 2024 North American tour, representatives for Live Nation confirmed to The Associated Press.
Japan billionaire Maezawa cancels moon trip due to uncertainty over SpaceX rocket development
Japanese billionaire Yusaku Maezawa on Saturday canceled his planned flight around the moon on a SpaceX vehicle because of uncertainty about when it may be possible.
A climate activist in Paris stuck a protest poster on Monet's 'Poppy Field'
An environmental activist was detained Saturday after sticking a protest sign to a Monet painting in Paris' famed Orsay Museum.
North Korea is sending more trash-carrying balloons to South Korea
North Korea launched more trash-carrying balloons toward the South after a similar campaign earlier in the week, according to South Korea's military, in what Pyongyang calls retaliation for activists flying anti-North Korean leaflets across the border.