Ontario First Nations denied equal access to justice, lawsuit alleges

A political organization representing Ontario First Nations has launched a constitutional challenge against the province and the government of Canada , alleging First Nations are being denied equal access to justice. Ontario Regional Chief Glen Hare speaks during a news conference on Parliament Hill, in Ottawa, Wednesday, Sept. 20, 2023.has launched a constitutional challenge against the province and the government of Canada , alleging First Nations are being denied equal access to justice.

The document says that while First Nations can make their own laws and bylaws to fill in those gaps, they aren’t effective without enforcement and prosecution.The lawsuit alleges the governments do not provide enforcement or prosecution services in relation to First Nations laws, nor do they provide enough funding for First Nations to hire their own enforcement officers or prosecutors.

It further alleges Ontario’s Community Safety and Policing Act, which took effect April 1, explicitly excludes the enforcement of First Nations bylaws from mandatory policing duties and is “ambiguous” on the enforcement of other First Nations laws.The lawsuit says the lack of resources is harming First Nations people by impeding their ability to combat addiction, exclude dangerous people from communities, regulate tenancy and evictions, and prevent the dumping of waste, among other things.

“This leaves us with no access to justice and unsafe communities,” Ontario Regional Chief Glen Hare said in a news conference Tuesday morning. “The rule of law that other Ontarians take for granted is an illusion for us. Failing to enforce and prosecute our laws is discriminatory to First Nations and puts our communities at serious risk.”

Source: Law Daily Report (lawdailyreport.net)

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