The Canadian government has declined to reveal the amount of money spent on legal battles against First Nations regarding their rights to safe drinking water and housing on reserve, citing solicitor-client privilege. This move has been criticized as overly secretive by analysts. The Justice Department’s decision came in response to a CBC Indigenous access to information request seeking details on the total funds expended by the Carney and Trudeau administrations in litigating against two remote fly-in First Nations in Manitoba since 2022.
St. Theresa Point Chief Elvin Flett, the lead plaintiff in one of the cases, expressed disappointment at the government’s extensive financial investment in these legal disputes, stating that the funds could be better utilized to address the pressing housing crisis on reserves. In December, St. Theresa Point and Shamattawa First Nation secured separate Federal Court orders affirming Canada’s obligations to provide essential services to First Nations, marking the early stages of larger class-action lawsuits seeking significant compensation.
Despite the court rulings, Ottawa is appealing both orders and continues to deny any duty in ensuring access to safe drinking water and housing for Indigenous communities. The government’s legal team for the appeals includes five federal lawyers, one of whom holds the King’s Counsel title typically reserved for senior attorneys.
Critics, including University of Winnipeg professor Kevin Walby, have denounced the government’s refusal to disclose the financial costs of the legal battles as an abuse of access laws, emphasizing the lack of transparency in the expenditure of taxpayer money. The federal NDP has also condemned the decision, highlighting previous instances where Ottawa spent significant sums on legal disputes with Indigenous groups.
The NDP’s justice critic, Jenny Kwan, emphasized the public’s right to know how public resources are being used in legal battles against Indigenous rights, urging the government to prioritize investments in essential services for First Nations. The Justice Department defended its stance, citing the need to protect information related to legal fees and costs during active legal proceedings.
However, critics argue that the government’s invocation of solicitor-client privilege to withhold financial details is unjustified, pointing to past instances where similar information was disclosed by government bodies. The ongoing legal battles with St. Theresa Point and Shamattawa are set to proceed to appeals in the upcoming fall session.