NationTalk: The Indigenous Bar Association in Canada (IBA) applauds the Court of King’s Bench of Alberta’s recent decision in Anderson v. Alberta, 2024 ABKB 524, granting the Beaver Lake Cree Nation advance costs to support its Treaty infringement litigation against Canada. This decision affirms that First Nations must have access to the resources necessary to bring meritorious legal claims to assert and uphold their constitutional and Treaty rights, and draws attention to the unique societal and governmental challenges that Indigenous communities such as the Beaver Lake Cree must overcome with scarce financial resources.

In this case, Beaver Lake Cree sought advance costs enabling them to continue an active claim which asserts that Alberta and Canada have authorized industrial development on their traditional lands without proper consideration of the cumulative impact on their ability to meaningfully exercise their rights that were promised in Treaty 6. The Honourable Justice Bonnie L. Bokenfohr recognized the Beaver Lake Cree’s overwhelming needs, confirming that while they have financial resources, these resources were already devoted to vital programs and services focused on the community’s wellbeing, such as housing, infrastructure, and social programing deficits.

This decision underscores the importance of ensuring that First Nations can pursue meaningful litigation to protect their constitutional and Treaty rights without sacrificing critical community programming and services. The Court ordered the Province of Alberta to contribute $1.5 million annually to the Beaver Lake Cree’s legal costs until a trial is concluded or the litigation is resolved. This is a significant step forward for Indigenous nations and communities whose financial burdens are exacerbated when they are forced to protect and uphold their constitutionally protected rights through the courts.

Drew Lafond, IBA President stated,

“This decision is a monumental affirmation that justice cannot be achieved when Indigenous nations are forced to choose between defending their rights and meeting the pressing needs of their communities. While it is regrettable that the Beaver Lake Cree Nation had to disclose in excruciating detail the social, infrastructural and financial pressures that it faces as a nation and community to get to this point, the Court’s recognition of the enormous financial strain placed on the Nation, and the need for ongoing litigation support, is a crucial step towards upholding Treaty rights and ensuring meaningful access to justice.”

The IBA is unwavering in its commitment to advocating for legal and policy reforms that address the systemic barriers Indigenous nations face in accessing justice, and we commend the Beaver Lake Cree Nation for their continued resilience and dedication to protecting their Treaty rights.

The IBA is the national non-profit organization representing Indigenous (First Nation, Métis, and Inuit) lawyers (practicing and non-practicing), judges, legal academics and scholars, articling clerks and law students, including graduate and post-graduate law students and paralegals in Canada. The IBA’s mandate includes, inter alia, advocating for the recognition of Indigenous laws, legal traditions, protocols and processes; promoting the reform of policies and laws affecting Indigenous peoples in Canada; and fostering public awareness within the legal community in respect of legal and social issues of concern to Indigenous peoples in Canada. For more information, please visit www.indigenousbar.ca.