The federal government is jumping the gun by trying to force First Nations to post financial information online before the constitutionality of the First Nations Financial Transparency Act (FNFTA) has been decided, say supporters of six First Nations scheduled to appear in court in Saskatoon today.
"They should not be leaning on these First Nations to comply with their legislation because the legislation is in question right now before the courts," Dene National Chief Bill Erasmus said.
"What is the rush to get First Nations into court? Is it a political or a legal decision? From all appearances, it is political, since the government does not want to wait
for a court decision on constitutionality of the legislation."
Most First Nations in the country have complied with the legislation and posted fi-nancial information online.
Chief Wallace Fox of the Onion Lake Cree Nation (OLCN) is asking a federal court judge to stay an application by the minister of Indian Affairs and Northern Development (AANDC) that seeks to force six First Nations that have refused to do so to publish their consolidated financial statements, including their chief and councillors' salaries, on the Government of Canada website.
Pending the outcome of its constitutional challenge, Onion Lake also wants the court to prohibit AANDC from withholding funding agreement payments, court documents show.
Onion Lake, along with the Ochapowace and Thunderchild First Nations in Saskatchewan and the Sawridge, Athabasca Chipewyan and Cold Lake First Nations in Alberta, filed the constitutional challenge of the FNFTA in November.
Soon after, the government applied for a court order to force them to submit the information or lose some funding.
The First Nations say the government violated its legal obligation to consult with them before enacting legislation that affects them. They want operation of the legislation to be suspended pending the resolution of the challenge.
A confidentiality order has been applied to some exhibits in the case.
Fox said he will wait until after Tuesday's court hearing to comment on the matter.
He said "quite a few" members of the First Nation are interested in the legal challenge, which has been publicized through newsletters and on its community radio station.
"We've held a number of forums and presentations in the community, also in the round hall for people that are interested in it to have come out and asked questions, so we've been briefing them."
Erasmus and at least two other AFN regional chiefs have said they will attend court to support the challengers. National AFN Chief Perry Bellegarde is expected to attend on Thursday, the second scheduled day of the hearing.
The federal government set a July 29 deadline for submitting 2014-2015 documents.
In May, Aboriginal Affairs Minister Bernard Valcourt said bands that have yet to comply with the law "will see funding for non-essential services withheld" starting Sept. 1.
©thestarphoenix
What do they have to hide?
"They should not be leaning on these First Nations to comply with their legislation because the legislation is in question right now before the courts," Dene National Chief Bill Erasmus said.
"What is the rush to get First Nations into court? Is it a political or a legal decision? From all appearances, it is political, since the government does not want to wait
for a court decision on constitutionality of the legislation."
Most First Nations in the country have complied with the legislation and posted fi-nancial information online.
Chief Wallace Fox of the Onion Lake Cree Nation (OLCN) is asking a federal court judge to stay an application by the minister of Indian Affairs and Northern Development (AANDC) that seeks to force six First Nations that have refused to do so to publish their consolidated financial statements, including their chief and councillors' salaries, on the Government of Canada website.
Pending the outcome of its constitutional challenge, Onion Lake also wants the court to prohibit AANDC from withholding funding agreement payments, court documents show.
Onion Lake, along with the Ochapowace and Thunderchild First Nations in Saskatchewan and the Sawridge, Athabasca Chipewyan and Cold Lake First Nations in Alberta, filed the constitutional challenge of the FNFTA in November.
Soon after, the government applied for a court order to force them to submit the information or lose some funding.
The First Nations say the government violated its legal obligation to consult with them before enacting legislation that affects them. They want operation of the legislation to be suspended pending the resolution of the challenge.
A confidentiality order has been applied to some exhibits in the case.
Fox said he will wait until after Tuesday's court hearing to comment on the matter.
He said "quite a few" members of the First Nation are interested in the legal challenge, which has been publicized through newsletters and on its community radio station.
"We've held a number of forums and presentations in the community, also in the round hall for people that are interested in it to have come out and asked questions, so we've been briefing them."
Erasmus and at least two other AFN regional chiefs have said they will attend court to support the challengers. National AFN Chief Perry Bellegarde is expected to attend on Thursday, the second scheduled day of the hearing.
The federal government set a July 29 deadline for submitting 2014-2015 documents.
In May, Aboriginal Affairs Minister Bernard Valcourt said bands that have yet to comply with the law "will see funding for non-essential services withheld" starting Sept. 1.
©thestarphoenix
What do they have to hide?
