Judge blames feds on Attawapiskat crisis

Attawapiskat Chief Teresa Spence was surprised by an Aug. 1 Federal Court decision that it was “unreasonable in all the circumstances” for the federal government to appoint a third-party manager to her community this past winter.
“I was really amazed and shocked at the same time,” Spence said. “It was a good judgement from the courts for them to see that the government did wrongful things when we declared an emergency.”
Spence said it was unfortunate that her community had to go to court over the issue, which was raised early last winter when images of community members living in tents and shacks without proper sewage disposal, including 80-year-old Elders and children, were posted on the Internet by Timmins-James Bay MP Charlie Angus.
“But as First Nations we need to stand on our ground some times especially when someone does wrong to us,” Spence said. “I’m really shocked and overwhelmed and hoping that the government will realize that (they have) to work with us and not against us when we declare an emergency.”
Federal Court Justice Michael L. Phelan adjudged and declared in his ruling that the appointment of the third party manager on Nov. 30, 2011 was contrary to law. The judicial review is granted with costs.
“While there was a ‘default’ under the Comprehensive Funding Agreement, the remedy selected – the appointment of a third party manager – was unreasonable,” Phelan stated in his ruling.
“The decision to appoint did not respond in a reasonable way to the root of the problems at Attawapiskat nor to the remedies available upon default under the Comprehensive Funding Agreement. The respondent invoked a financial management remedy without considering more reasonable, more responsive or less invasive remedies available.”
The New Democratic Party called the ruling “an indictment of the federal government’s mishandling of the humanitarian crisis in Attawapiskat and vindication for the community.”
“The prime minister and his cabinet tried to blame the community for this crisis,” said New Democrat Aboriginal Affairs critic Jean Crowder. “Today’s ruling vindicates the people of Attawapiskat and shows that the Conservatives’ conduct was unacceptable. Conservatives should now accept the ruling and apologize to the people of Attawapiskat.”
A spokesperson for John Duncan, minister of Aboriginal Affairs and Northern Development Canada, said the federal government is disappointed with the court’s decision and will review it to determine the appropriate next steps.
“Since 2006 our government has spent over $90 million on the Attawapiskat First Nation,” said Jason MacDonald, director of communications for minister of Aboriginal Affairs and Northern Development. “Aboriginal Affairs and Northern Development Canada will continue to work with the First Nation to develop long-term solutions to broader challenges, including the development of a housing strategy and updating its emergency plan.”
Angus said he privately raised the issue with the minister after the emergency was declared in November 2011.
“I privately raised this with the minister and urged him to act before it became a full blown humanitarian crisis,” Angus said.
“Sadly, the minister did nothing until the Red Cross arrived. And then Conservatives tried to claim the community was at fault.”
Liberal Aboriginal Affairs critic Carolyn Bennett said the ruling exposes a broader issue of the current government treating Aboriginal people as “adversaries”.
“(The government) chose to smear the reputation of the band instead of owning up to its responsibility to respond to the housing emergency in Attawapiskat,” Bennett said.