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
Severe thunderstorms, 15 cm of snow: Canadian weather forecast highlights
Well into spring, some parts of Canada could experience a wintry comeback, while other areas are bracing for severe thunderstorms, according to local forecasts.
Pope apologizes after using 'homophobic terms'
Pope Francis apologized Tuesday after he was quoted using a vulgar term about gay men to reaffirm the Catholic Church's ban on gay priests.
At least 60 reports of Lyme disease so far as Ontario enters tick season
Peak tick season is only just beginning but reports of bites – and tick-borne illnesses – are already higher than normal in Ontario.
Spy watchdog's foreign interference review finds 'unacceptable gaps' in accountability
The Canadian Security Intelligence Service and Public Safety Canada lacked a system for tracking who received and read specific intelligence on foreign interference, creating 'unacceptable gaps in accountability,' the national spy watchdog has found.
Tornado touches down west of the Island of Montreal
Emergency services in the town of Rigaud, Que. are investigating after a tornado touched down shortly after 5:30 p.m.
Man convicted in attack on Pelosi's husband back in court after judge's error
A man who assaulted U.S. House Speaker Nancy Pelosi's husband in 2022 will have another day in court on Tuesday after the federal judge overseeing the case failed to allow him to speak during his sentencing hearing earlier this month.
Teen was doing homework at family's Mississauga, Ont. restaurant when gunman opened fire: testimony
The 13-year-old sister of a young man killed in the attack on her family’s Mississauga restaurant in 2021 took the stand in a Brampton courthouse on Monday to describe the terrifying moments of coming under fire.
WATCH Airline pilot treated to stunning northern lights show during U.S.-Portugal flight
An airline pilot got quite a show on May 11 while flying from San Francisco to Lisbon when a solar storm caused stunning auroras.
Richard Dreyfuss' comments about women, LGBTQ2S+ people and diversity lead venue to apologize
The actor Richard Dreyfuss showed up in a dress at a 'Jaws'-themed event in Massachusetts, where the blockbuster 1975 movie he starred in was shot, and then proceeded to make demeaning remarks about women, LGBTQ2S+ people and diversity.