Fighting First Nations in court a poor strategy
By Doug Cuthand, The Starphoenix
Newly released public accounts figures reveal that the federal Department of Aboriginal Affairs was by far the top spender on legal fees as it continues to battle First Nations' rights.
The department spent $106 million on legal services in 2012-13, slightly less than the $110 million it spent the year before. The legal costs for the Canada Revenue Agency were second at $66 million, followed by Canada prosecution services and the RCMP at $37 million and $21 million respectively.
So, the government spends more money on legal costs to fight First Nations in court and to challenge land claims and treaty issues than it spends on chasing tax cheats and on legal services to help the Mounties fight crime.
First Nations have racked up an impressive list of court victories over the past two decades, based on treaties, the charter of rights and the Constitution. Several First Nations have successfully established the principle of the Crown's duty to consult with First Nations, and the Delgamuukw decision established aboriginal title in British Columbia. In addition, there have been numerous cases that established First Nations' hunting, fishing and gathering rights.
Aboriginal child welfare advocate Cindy Blackstock has the government on the ropes for its parsimonious funding of First Nations child and family services. If her court challenge succeeds, Ottawa will have to pay millions to catch up and achieve parity with provincial programs....
By Doug Cuthand, The Starphoenix
Newly released public accounts figures reveal that the federal Department of Aboriginal Affairs was by far the top spender on legal fees as it continues to battle First Nations' rights.
The department spent $106 million on legal services in 2012-13, slightly less than the $110 million it spent the year before. The legal costs for the Canada Revenue Agency were second at $66 million, followed by Canada prosecution services and the RCMP at $37 million and $21 million respectively.
So, the government spends more money on legal costs to fight First Nations in court and to challenge land claims and treaty issues than it spends on chasing tax cheats and on legal services to help the Mounties fight crime.
First Nations have racked up an impressive list of court victories over the past two decades, based on treaties, the charter of rights and the Constitution. Several First Nations have successfully established the principle of the Crown's duty to consult with First Nations, and the Delgamuukw decision established aboriginal title in British Columbia. In addition, there have been numerous cases that established First Nations' hunting, fishing and gathering rights.
Aboriginal child welfare advocate Cindy Blackstock has the government on the ropes for its parsimonious funding of First Nations child and family services. If her court challenge succeeds, Ottawa will have to pay millions to catch up and achieve parity with provincial programs....