In its ruling handed down on November 27, 2024, the Supreme Court of Canada recognized that the Quebec government had acted dishonorably toward the Pekuakamiulnuatsh in relation to the funding of police services in Mashteuiatsh. It ordered the Quebec government to pay its share of the deficit accumulated by the community, which amounted to just over $1 million at the time of the decision. For its part, the Government of Canada had already paid its share of the deficit, having chosen to comply with the Quebec Court of Appeal's decision rendered in 2022.
Insufficient funding for police services for the Pekuakamiulnuatsh
In response to the intransigent attitude of the governments in the negotiations related to the funding of police services in Mashteuiatsh, notably by proposing unilateral and arbitrary offers that ignored the real costs of the police force, Pekuakamiulnuatsh Takuhikan filed a lawsuit against the governments of Quebec and Canada. The claim for the deficit accumulated between 2013 and 2017, totaling $1.6 million, was based in particular on the governments' failure to fulfill their obligation to act honorably toward Indigenous peoples.
Faced with this situation, the community decided to turn to the courts to seek redress. This decision marked the beginning of a long legal process, spanning more than seven years.
In 2019, the case was initially dismissed by the trial court. The decision was then appealed to the Quebec Court of Appeal. In 2022, Pekuakamiulnuatsh Takuhikan won its case when the court ruled in favor of the First Nation, thereby obliging the federal and provincial governments to pay the amounts claimed.
Appeal of the judgment: the case is brought before the Supreme Court
Following the Court of Appeal's judgment, Canada paid its share of the deficit accumulated by Pekuakamiulnuatsh Takuhikan, amounting to $832,000. For its part, the Quebec government appealed the decision, bringing it before the country's highest court.
The judgment, handed down on November 27, 2024, ruled in favor of Pekuakamiulnuatsh Takuhikan. Eight of the nine judges concluded that the Quebec government was at fault with regard to the Pekuakamiulnuatsh First Nation and had caused it harm. The following passage is noteworthy:
"By refusing to renegotiate the level of funding despite repeated complaints from Pekuakamiulnuatsh Takuhikan and the precarious situation in which it found itself, Quebec behaved in a manner that fell well below the standard of honorable conduct. “
In addition to the financial harm, the Court concluded that the community suffered harm in terms of the quality of its police service and its dignity, since its freedom of choice was not respected.
”This is a huge victory for our client, but also for all Indigenous peoples in Canada," said Me Amyot.
Impacts of the ruling
The arguments upheld by the Supreme Court of Canada represent a significant advance for Indigenous rights. This decision is historic for Indigenous peoples, as it is the first time that the Supreme Court has ruled on the honor of the Crown in a contractual context. This ruling will have a positive impact on the sustainability of Pekuakamiulnuatsh police services, but also on the overall relationship between governments and Indigenous peoples, as it lays the foundation for honorable negotiations between them.
Cain Lamarre's expertise
The Aboriginal and Constitutional Law Practice Group has more than 15 professionals who have developed specific expertise in this area. The tireless work of Benoît Amyot and Léonie Boutin, accompanied by the entire team, enabled Cain Lamarre to successfully defend Pekuakamiulnuatsh Takuhikan in this case. Over a period of more than 7 years, a large part of the legal argument adopted by the Supreme Court of Canada was developed and refined by the professionals of the Aboriginal and Constitutional Law Practice Group.
