Landmark Appeal Court victory re-enforces financial transparency for First Nations

REGINA, SK: Grassroots people in First Nations communities have the right to know how their leaders are spending the bands’ money, according precedent-setting Court of Appeal ruling Onion Lake Cree Nation v Charmaine Stick and the Canadian Taxpayers Federation. “I’ve spent years fighting for transparency and this victory has me dancing with my kids,” said Stick. “Traditions of transparency are rooted in natural laws that apply to every leader and every level of government in every culture. This Appeal Court ruling empowers grassroots people in First Nations communities to hold their leaders accountable.” The CTF partnered with Stick to launch a court application requiring her leaders at Onion Lake to publish audited financial statements as well as the salaries and expenses paid to chief and council as required by The First Nations Financial Transparency Act.

The Court of Queen’s Bench for Saskatchewan ruling issued on June 15, 2017, ordered Onion Lake to publish basic financial documents, but band leaders appealed. On Mar. 26, 2018, the Court of Appeal unanimously upheld the decision requiring transparency. “Providing Ms. Stick with an opportunity to examine such documents at the band office in the presences of individuals employed by the First Nation’s leadership is not a ‘reasonable accommodation,’” wrote Justice Ryan-Froslie. “It does not allow Ms. Stick an opportunity to review the information in a neutral setting nor does it give Ms. Stick time to consider the information or ask questions of professionals who are independent of the First Nation’s leadership. “The First Nations Financial Transparency Act has not been found constitutionally invalid and until it is or until there is an order staying its enforcement, Onion Lake has a legal obligation to comply with its terms.” The majority of First Nations routinely publish this information as required by The First Nations Financial Transparency Act, but Onion Lake has ignored the law. The federal government stopped enforcing the act in 2015. Even if Onion Lake seeks leave to appeal to the Supreme Court, it must, in the interim, comply with the court order to publish the band’s basic financial documents. “Charmaine is going to get to the truth and she’s going to share it with her community,” said Todd MacKay, the CTF’s Prairie Director. “This ruling re-enforces the rights of people in First Nations to hold their leaders accountable.”

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