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
'Do not drive': Nissan warns Canadian drivers of explosion risk impacting 48,000 vehicles
Car manufacturer Nissan has issued a do-not-drive warning for some older vehicles equipped with Takata airbag inflators, due to the risk of explosion during a crash.
BREAKING Jury deliberations begin in Donald Trump's hush money criminal case
Jury deliberations began Wednesday in Donald Trump’s hush money trial, putting the outcome of the historic case in the hands of a dozen New Yorkers who have vowed to be fair and impartial in the face of their unprecedented task.
Tessa Virtue reveals she's expecting her first child. Here's what Canadians had to say
Canadian figure-skating icon Tessa Virtue is expecting her first child, she revealed via social media Tuesday.
P.E.I. kiteboarder 'lucky to be alive' after shark attack in Turks and Caicos
A professional kiteboarder from P.E.I. says he has been seriously injured in a shark attack that occurred while he was snorkelling in the Turks and Caicos Islands last week.
'Scandals and secrets': On board the world's most exclusive private residential ship
It’s a floating city exclusively home to the 1 per cent, a playground for multimillionaires and billionaires that circumnavigates the world's oceans.
What weather experts say to expect this summer in Canada
Get ready to feel the heat, Canada. Weather experts are predicting more sunshine and warmer temperatures for the summer.
Canada announces $11B for military aircraft training
Canada has announced an $11.2-billion contract to improve training platforms for the military, including the purchase of 70 training aircraft for the Future Aircrew Training program.
CNN exclusive: A federal grand jury may soon hear from Sean 'Diddy' Combs' accusers
Federal investigators are preparing to bring accusers of music mogul Sean "Diddy" Combs before a federal grand jury, two sources familiar with the probe tell CNN — signaling the U.S. Justice Department is moving toward potentially seeking an indictment of Combs.
In bizarre provocation, North Korea flies trash, manure balloons over the South
North Korea flew hundreds of balloons carrying trash and manure toward South Korea in one of its most bizarre provocations against its rival in years, prompting the South’s military to mobilize chemical and explosive response teams to recover objects and debris in different parts of the country.