Federal Court blasts Aboriginal Affairs over consultation in Elsipogtog-led case

A Federal Court judge has overturned a decision by Aboriginal Affairs to force First Nations bands in the Maritimes to set social assistance rates and standards mirroring their respective provinces.

APTN National News
A Federal Court judge has overturned a decision by Aboriginal Affairs to force First Nations bands in the Maritimes to set social assistance rates and standards mirroring their respective provinces.

In a stinging judgment, Justice Andre Scott found that the department made the decision before it even consulted with impacted First Nations leaders.

“The court finds that the consultation that took place was not serious in that the decision was made prior to any actual consultation,” wrote Justice Andre Scott, in the judgment handed down Monday.

The case was originally filed by Elsipogtog First Nation which was eventually backed by a coalition of Mi’kmaq and Maliseet First Nations from New Brunswick, Nova Scotia and Prince Edward Island.

Scott found that the department knew its 2011 decision would “impact a majority of recipients” but had no clear idea of the scope.

“It is particularly disturbing that there is no hard data on the number of recipients that will actually lose their entitlement to social assistance further to a strict application of provincial eligibility criteria,” wrote Scott.

Aboriginal Affairs Minister Bernard Valcourt’s office said in a statement that “Canada will be reviewing the ruling and determine next steps.”

“At the end of the day, there was no discussion as to whether the strict mirroring of provincial rates and eligibility criteria was advisable within the context of overall (Aboriginal Affairs) policy towards greater autonomy for First Nations in the management of their affairs,” wrote Scott.

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2 thoughts on “Federal Court blasts Aboriginal Affairs over consultation in Elsipogtog-led case

  1. John shalagan says:

    Each day our national treaties will continue to strengthen and be more visible in Canadian society.

  2. What I see happening everyone is getting rich on the consultation of Aborigial Affairs. Except the Aboriginals they are representing. Why? The Aboriginals taught you how to survive in their rich habitat and cold winters. What did you teach them in return?

    Poverty, victim, substance abuse, greed, sorrow, disease, starvation, abuse, murder, hardship.

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