Federal class action alleges government didn’t help First Nations with opioid crisis
Members of the Lac La Ronge Indian Band, along with Chief Tammy Cook-Searson, gathered in front of the Court of King’s Bench in Prince Albert to present a federal class action lawsuit alleging that the government failed to adequately support First Nations communities dealing with the opioid crisis. The hearing took place recently in front of Saskatchewan Chief Justice Popescul, who is now deliberating on the arguments presented.
The plaintiffs in this lawsuit, which includes the Lac La Ronge Indian Band and Peter Ballantyne Cree Nation bands, are advocating for the certification of the class action. Their claim is rooted in two specific provisions outlined in Treaty 6 from 1876, which were designed to ensure that the government provides assistance and medical care during times of illness and maintains a ‘medicine chest’ for support.
The lawyer representing the plaintiffs, Adam Bordignon, emphasized the importance of these clauses in Treaty 6, highlighting their unique nature. He argued that the Canadian government has not fulfilled its obligations by failing to establish comprehensive programs to aid First Nations communities, resulting in ongoing costs and damages. The proposed abatement plan includes emergency assistance, treatment programs, family and social services, community outreach, addiction support, and the integration of traditional Indigenous healing practices.
The potential impact of this class action lawsuit could extend to 47 member bands under Treaty 6, although discussions in court acknowledged that some bands have amalgamated or split since the treaty’s signing. The lawsuit initially sought punitive damages, but this claim has since been retracted, with the focus now being on recognizing past wrongs and seeking appropriate redress.
Lawyers representing the Attorney General’s office expressed concerns about the vagueness and lack of specificity in the plaintiffs’ claim. They argued that the evidence presented is unverified and unreliable, making it unsuitable for a class action lawsuit. The government’s lawyers also cited existing programs and funding allocated to address the opioid crisis in lac La Ronge Indian Band as evidence of ongoing support efforts. They emphasized that a class action lawsuit might not be the most effective strategy for addressing these complex issues.
Chief Justice Popescul likened Treaty rights to a jigsaw puzzle, highlighting that each band holds a piece of the larger picture. Leaders from the Lac La Ronge Indian Band and Peter Ballantyne Cree Nation, including Chief Tammy Cook-Searson, Chief Peter Beatty, and Chief Joyce McLeod, attended the hearing to support their communities affected by the opioid epidemic.
Chief Cook-Searson expressed the importance of the lawsuit in seeking justice for the harm caused by the opioid crisis, emphasizing the need to ensure a brighter future for their people. Chief Justice Popescul expects to deliver a verdict on the case by the end of June, underscoring the significance of this legal action in addressing historical injustices and advocating for the well-being of First Nations communities.