The Pekuakamiulnuatsh First Nation celebrates the decision of the Supreme Court of Canada

NITASSINAN and MASHTEUIATSH, QC, Nov. 27, 2024 /CNW/ - This is a historic day for the Pekuakamiulnuatsh First Nation who is very proud to welcome the Supreme Court of Canada's decision in the Mashteuiatsh Public Security underfunding case.

In an almost unanimous decision (8 judges out of 9), the Supreme Court rejects Quebec's appeal and confirms the decision of the Court of Appeal to order payment of the accumulated deficit of $767,745.58 with interest at the legal rate and additional compensation.

The Supreme Court of Canada states that the continuous refusal of Quebec to renegotiate the financial conditions of the agreement constitutes not only a breach of the requirements of good faith, but also a breach of the obligation to act in accordance with the honor of the Crown.

The Court emphasizes that these agreements aim to advance reconciliation through the establishment and maintenance of an Indigenous police force offering culturally adapted services of comparable quality to those of surrounding police forces. Although the Supreme Court has not ruled on the existence of the right to self-government in matters of public safety, it recognizes the existence of a credible claim on this subject from the Pekuakamiulnuatsh First Nation.

Pekuakamiulnuatsh Takuhikan initiated legal proceedings in 2017 in order to be reimbursed for the accumulated deficit of Mashteuiatsh Public Security of $1.6 million. The deficit is caused by inadequate funding provided for in the tripartite agreements of the First Nations Policing Program (FNPP). The amounts allocated through these agreements are set arbitrarily and unilaterally by the federal and provincial governments, knowing that their contributions do not correspond to the real costs incurred by the establishment and operations of Mashteuiatsh Public Security.

"The decision of the Supreme Court of Canada will have a direct impact on the sustainability of our police station, but also on the safety of all First Nations across the country. We are proud to have fought all the way for our rights in this case, by making every effort to obtain adequate, predictable and stable funding for Mashteuiatsh Public Security", said the Chief of the Pekuakamiulnuatsh First Nation, Gilbert Dominique.

The Assembly of First Nations Quebec-Labrador (AFNQL) is also pleased with this decision. "'I thank Chief Dominique and the council of the Pekuakamiulnuatsh First Nation for their resilience in bringing a deplorable and unacceptable injustice to light. Quebec is making an equally unacceptable choice to define its relationship with First Nations through the courts. The Supreme Court's decision is a reminder to governments to end their discrimination against our police services", said the Chief of the Assembly of First Nations Quebec-Labrador, Ghislain Picard.

The case

• In 2017, Pekuakamiulnuatsh Takuhikan filed a lawsuit in the Superior Court of Quebec for $1.6 million to recover the deficit accumulated by Mashteuiatsh Public Security. After receiving an unfavorable decision, Mashteuiatsh appealed the case.
• The Quebec Court of Appeal rendered a unanimous judgment in December 2022 in favor of Mashteuiatsh and ordered the federal and provincial governments to reimburse $1.6 million to Pekuakamiulnuatsh Takuhikan. It was concluded that the governments of Quebec and Canada act in an unworthy, dishonorable, and abusive manner in terms of funding Indigenous police services and deny the reality that has been widely documented, notably by the Viens Commission.
• Canada paid its sentence in the spring of 2023 and did not appeal the Quebec Court of Appeal's decision. The Attorney General of Quebec filed an application for leave to appeal in order to bring the case before the country's highest court.
• The case was heard before the Supreme Court of Canada on April 23rd and 24th, 2024 in Ottawa.

About the Pekuakamiulnuatsh First Nation

Pekuakamiulnuatsh Takuhikan is the administrative and political organization representing the Pekuakamiulnuatsh. The Pekuakamiulnuatsh First Nation is composed of 11 488 members who some live in the community of Mashteuiatsh, on the banks of the Pekuakami. Mashteuiatsh – which means "where there is a point" – constitutes a place of rallying and historical meeting.

About the AFNQL

The Assembly of First Nations Quebec-Labrador is the regional political organization that brings together the 43 Chiefs of the First Nations of Quebec and Labrador.

SOURCE Pekuakamiulnuatsh Takuhikan

For information: Mélodie Lapointe, Pekuakamiulnuatsh Takuhikan, 418 515-2737, [email protected]; Julianne Gagnon, Assembly of First Nations Quebec-Labrador, 418 719-0786, [email protected]