Ontario First Nations denied equal access to justice, lawsuit alleges

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A statement of claim says that many provincial and federal laws – including those related to tenancy, land management and environmental protection – don’t apply on reserves

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.

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. 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.

 

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