Attawapiskat First Nation wins important court case

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Turtle Island Native Network
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August 1st, 2012 - Victory for Attawapiskat First Nation in its fight with the federal department of Aboriginal Affairs and Minister John Duncan. The Federal Court of Canada has ruled in favour of the First Nation's position regarding the government's appointment of a Third Party Manager(TPM). "THIS COURT ADJUDGES AND DECLARES that the appointment of the Third Party Manager on November 30, 2011 was contrary to law. The judicial review is granted with costs." The Fedral Court decision released today said Canada's decision to appoint a TPM "was unreasonable in all the circumstances of this case". The government appointed a TPM as remedy in light of the First Nation's lack of capacity to address the community's housing crisis. But the Court, in ruling in favour of Attawapiskat said the government's remedy "failed to deal with the problem at hand, which was not financial in nature". . ."it is not reasonable".

The Federal Court Decision: http://cas-ncr-nter03.cas-satj.gc.ca/rs ... %20ENG.pdf

ATTAWAPISKAT FIRST NATION v. THE MINISTER OF ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT CANADA
Summary: The Applicant seeks judicial review of the Respondent Minister of Aboriginal Affairs and Northern Development’s decision to appoint a Third-Party Manager due to an alleged default by Attawapiskat First Nation under its Comprehensive Funding Agreement. Upon review, the Court concluded that the Respondent’s decision to appoint a Third-Party Manager was unreasonable in all the circumstances of this case. The judicial review is granted with costs.

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August 1st, 2012 - Attawapiskat was pleased and relieved to see the Federal Court's decision this morning, declaring Canada's actions in imposing third party management illegal. Chief Spence stated that "Our community continues to recover from the effects of that action, financially, and in terms of our Treaty relationship with Canada" in reaction to the decision. Our members continue to struggle with the consequences of chronic and discriminatory underfunding affecting our First Nation, like most others. The housing crisis, which continues, was but one of these consequences. We look forward to Canada working more effectively and collaboratively with our leadership, staff, and members. We hope that the health, security and prosperity enjoyed by our non-Aboriginal neighbours in our territory and throughout Canada will someday be enjoyed by our children. Our honour and the honour of Canada and the Crown depends on our respecting and strengthening our treaty relationship. The Attawapiskat First Nation is a remote isolated First Nation in North Eastern Ontario, whose traditional territory includes lands around the Attawapiskat, and Ekwan river systems in Northern Ontario. The Attawapiskat First Nation includes 1,800 on reserve members.

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Turtle Island Native Network
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August 1st, 2012

"It is clear the current approach must change, and this is what I and First Nations have been consistently calling for," said National Chief Atleo, responding to the Federal Court decision declaring the Government of Canada appointment of a third-party manager to address the housing crisis in Attawapiskat First Nation as unreasonable.

"This decision provides further evidence in support of First Nations call for treaty implementation, government to government relations including new fiscal arrangements with Canada. We need to move beyond harmful practices like third party management, to a relationship based on mutual accountability," said the National Chief. "First Nation leaders from across Canada and I have stood in support of the leadership and citizens of Attawapiskat First Nation as they exercise their rights and responsibilities to address the challenges in their community. . .Today's Federal Court decision underscores the important need for First Nation governments to be supported and respected to make the decisions that impact their peoples and their lands."

In its judicial review of the federal appointment of a third-party manager to the community of Attawapiskat last fall, the Federal Court ruled that the decision by Aboriginal Affairs officials was "contrary to law" and "unreasonable in all the circumstances of this case". An AFN news release said the ruling basically establishes that in reaction to heightened media and public attention AANDC officials imposed a heavy handed, colonial remedy when financial management was not in question, rather, that a specific request had been made for operational assistance in managing a housing crisis.

The ruling points out the lack of substantiation for decisions within AANDC which raises concerns about transparency and accountability. The ruling noted that the relationship between the federal government and First Nations is government to government and that "While treaty rights are not directly at issue, treaty and Crown relationship plays an underlying role. This situation engages the honour of the Crown."

At the December 2011 AFN Special Chiefs Assembly in Ottawa, Chiefs unanimously expressed their support for Attawapiskat First Nation through Resolution #46-2011, and called on the federal government to work with First Nations on creating sustainable joint solutions for the future as opposed to unilateral actions, such as the imposition of third party management without involving the community, that undermine the authority of Chief and Council.

AFN submitted evidence in support of the Attawapiskat First Nations in the Federal Court proceedings.