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
BREAKING Guilty: Trump becomes first former U.S. president convicted of felony crimes
Donald Trump became the first former U.S. president to be convicted of felony crimes Thursday as a New York jury found him guilty of falsifying business records in a scheme to illegally influence the 2016 election through hush money payments to a porn actor who said the two had sex.
NDP wants Liberals to scrap proposed election date change that could secure pensions for many MPs
The federal New Democrats want to amend the Liberal government's electoral reform legislation to scrap the proposal to push back the vote by a week and consequently secure pensions for dozens of MPs, CTV News has learned.
A pair enjoyed pricey meals and bolted when it was time to pay. Their dine and dash ended in jail
A Welsh couple who dined out on pricey meals and bolted when the bill came is now paying the price, behind bars.
'I didn't think it was real': Oilers fans score free Game 4 tickets from stranger
There's always something to be happy about when the Edmonton Oilers are making good strides in the playoffs, but this is especially true for two lucky fans who were able to enjoy the sights and sounds of Game 4 — for free.
Aurora borealis returning to night skies across Canada this Friday: NOAA
If you missed the brilliant displays of the aurora borealis over North America on May 10, you may have another chance to see them on Friday night.
Doug Ford suggests immigrants behind Jewish school shooting
Ontario Premier Doug Ford suggested immigrants are to blame for the shooting of an empty Jewish school in Toronto over the weekend, despite police saying they have little information on the suspects.
Drive one of these vehicles? You may pay 37 per cent more than average insurance costs due to thefts
As the number of auto theft incidents rises in Canada, so have insurance premiums for drivers, even the ones whose vehicles aren't stolen.
Man stabbed in both legs with a machete in Times Square
A man was stabbed in both legs with a machete at New York's Times Square on Thursday afternoon, police said.
Shania Twain shares how she forgave her ex-husband's cheating: 'It's his mistake'
Shania Twain recently addressed the infidelity that rocked her marriage to Robert 'Mutt' Lange, whom she divorced in 2010 after he had an affair with her friend, Marie-Anne Thiébaud.