A member of The Canadian Taxpayers Federation stands with Charmaine Stick of the Onion Lake Cree Nation to highlight a Saskatchewan Court of Appeal decision in 2018. (file photo/CKOM Staff)

By Tyler Marr

IN THE COURTS

Onion Lake Cree Nation again ordered to release financial statements

Aug 6, 2019 | 3:58 PM

A Queen’s Bench judge has found the Onion Lake Cree Nation to be in civil contempt of court and ordered it to release financial documents to a local activist and online.

Saskatoon Justice Meghan McCreary said in a written decision on July 24 that the Onion Lake Cree Nation could have its $10,000 fine waived if it releases a host of 2017 and 2018 financial statements to Charmaine Stick and publishes the documents on its website or elsewhere online by Aug. 24.

“The evidence demonstrates that the First Nation has not complied with its obligation to provide and publish disclosure for the 2017 and 2018 financial years, despite being asked to do so,” McCreary wrote.

In 2016, the Onion Lake Cree Nation was brought to court by Stick, who is a band member, and the Canadian Taxpayers Federation. They alleged the Cree Nation was not complying with the First Nations Financial Transparency Act and the Indian Bands Revenue Moneys Regulations.

The Transparency Act requires First Nations to publish financial documents on the internet and to band members upon their request.

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The application was successful, and on June 15, 2017, a Saskatoon Queen’s Bench justice ordered the Cree Nation to comply with the legislation.

The Onion Lake Cree Nation appealed to the Saskatchewan Court of Appeal but it was dismissed.

On April 27, 2018, the 2015 and 2016 audited financial statements and other documents were posted as required. However the Cree Nation has not published anything since and has not provided Stick with the documents, despite her request to do so.

As such, Stick and the CTF applied again to the court, arguing the Cree Nation failed to comply with the 2017 order, which they argued imposed a continued obligation on the Cree Nation to publish and provide records when requested to do so.

Justice McCreary agreed and found the Cree Nation in contempt of court.

“It is clear from the language of the June 15, 2017 order that the respondent’s obligation to comply with the requirements of the Act is ongoing,” McCreary wrote. “The order does not specify a time limitation, nor does it specify that only specific financial years must be disclosed.”

Stick, in a media release, said transparency and accountability are fundamental to the rule of law in all governance structures.

““Without transparency and accountability, there is no structure in law and to deny that or do otherwise brings harm to all affected by the rule of law and the Creator’s law,” she said.

CTF’s Praire Director Todd MacKay was equally pleased with the outcome. He said in a press release Stick “has the right to know what her leaders are doing with the community’s money.”

Calls to the Onion Lake Cree Nation were not immediatly returned.

—

tyler.marr@jpbg.ca

On Twitter: @JournoMarr