Onion Lake Cree Nation threatens legal action against Ottawa over funding agreement 'signed under duress'

By Jorge Barrera
APTN National News
Onion Lake Cree Nation is threatening legal action against the federal department of Aboriginal Affairs over new terms included in the funding agreement between Ottawa and First Nations.

In a March 18 dated letter to Aboriginal Affairs Minister Bernard Valcourt, Onion Cree Nation Chief Wallace Fox says his community is seeking to enter into third-party mediation with the department to settle a new funding agreement.

“We are seeking to enter into good faith dispute resolution with you and ask that you uphold the ‘Honour of the Crown’ in your dealings with our Treaty 6 Cree Nation,” wrote Fox. “Failure to do so may result in further legal action.”

Aboriginal Affairs has responded to Onion Lake’s letter, which demanded a reply within seven days.

Valcourt’s office said in an emailed statement that the changes in the funding agreements were “solely administrative in nature.” The department is also working with First Nations to clarify issues around the wording of the funding agreements, said the statement.

Valcourt was in Winnipeg Wednesday announcing the passage of Bill C-27 into law that will require about 580 First Nations still under the Indian Act to disclose the salary and expenses of band politicians.

In the letter, Fox said the 2013-2014 funding agreement between Ottawa and Onion Lake was “signed under duress” by the band council.

“We only do so to ensure the health, safety and welfare of this nation is prioritized,” wrote Fox.

First Nation bands need to sign the agreement to get their yearly funds from Aboriginal Affairs. This year’s version of the agreement, however, contains clauses that have upset First Nations leaders. In particular, First Nations leaders say the agreement essentially forces them to agree with the Harper government’s omnibus budget Bills C-38 and C-45, which faced strenuous opposition from the Idle No More movement and chiefs.

Idle No More and First Nations leaders said the federal government failed to consult before passing the bills despite the impact on Aboriginal and treaty rights.

“The federal government is aware that First Nations generally do not accept recently passed legislation that may have the potential to affect our treaty rights,” says a resolution from the Onion Lake Cree band council.

The funding agreement also includes “over 50 references to policies, manuals, guidelines, etc., being ‘amended from time to time’ and presume that First Nations agree to such future amendments,” says the resolution, which was passed on March 18.

The resolution states that the funding agreement and an accompanying amending agreement are “inconsistent with Canadian constitutional, International law and our treaty and inherent rights.”

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