Western Canada: Supreme Court ruling on Alberta land claims case makes it easier for First Nations to fund legal challenges – The Globe and Mail
Mar 23, 2022
Good morning. It’s James Keller in Calgary.
A Supreme Court of Canada ruling involving an Alberta First Nation has made it easier for Indigenous communities to obtain court-ordered subsidies to pay for legal challenges against the government.
The court ruled 9-0 that even though the Beaver Lake Cree Nation has millions of dollars at its disposable and more than a dozen active oil wells on its territory, it can still argue that it needs financial help because those resources need to be spent on other pressing needs. The ruling cited the need for “mutual respect and reconciliation.”
The Globe’s Sean Fine reports that the ruling sets a precedent that First Nations have a right to determine their own spending priorities and establishes principles for deciding such cases. In its ruling, issued last Friday, the court says First Nations can argue that they must spend their money on pressing needs such as housing, safe water and education and, because of that, cannot afford to fund a costly legal challenge.
