Members of Lac La Ronge Indian Band stand outside Court of King's Bench in Prince Albert including Chief Tammy Cook-Searson (in the black and white checker coat). (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Opioid crisis

Federal class action claims government failed to support First Nations with opioid crisis

Feb 1, 2025 | 3:00 PM

Has the government of Canada done enough to assist First Nation communities struggling with the opioid crisis and was there, in fact, a breach of a treaty that was signed 150 years ago?

Those are among the questions facing Saskatchewan Chief Justice Popescul who, after hearing arguments on Friday at Court of King’s Bench in Prince Albert, reserved his decision.

The plaintiffs in this case, the Lac La Ronge Indian Band and Peter Ballantyne Cree Nation bands, are seeking certification of a class action lawsuit.

They are arguing two provisions of Treaty 6, signed in 1876, mandate the government to provide support and medical care in times of pestilence and to provide a ‘medicine chest.’

“That clause has to mean something,” lawyer for the plaintiffs Adam Bordignon said, noting these two clauses were unique to Treaty 6.

Politics

Saskatchewan has cards to play: Moe on tariffs and Trump

6h ago

Ronald McDonald House

Construction to start this spring on P.A. Ronald McDonald House

7h ago

Gun Ban

Ottawa outlaws another 179 types of guns, announces classification review

8h ago

The two bands want the federal government to help create an abatement plan that would cover emergency help, treatment programs, family and social services, community outreach, addiction support, and use of traditional Indigenous healing practices. Bordignon explained Canada’s failure lies in its neglect to fund comprehensive programs that would help First Nations.

“It’s the non-existence of these programs that’s contributed to ongoing costs,” he said.

The class action, if certified, could potentially impact 47 member bands belonging to Treaty 6. And while there was discussion in court related to there being many more members, it was noted that since the original signing of the Treaty, some bands have amalgamated and others have split.

The initial statement of claim did indicate the pursuit of punitive damages but that has since been withdrawn. At this stage, the plaintiffs are merely seeking to have recognized that a wrong was committed.

However, lawyers for the Attorney General’s office say the application is far too vague, contains evidence that is both unverified and unreliable, and does not meet the necessary requirements for a class action lawsuit.

“We don’t really understand what they are looking for,” Karen Joans commented in her reply.

Joans also noted the various programs rolled out by all levels of government and the funding to Lac La Ronge Indian Band for a treatment centre in La Ronge.

“This class action is not the preferable way to address the issues at hand,” she said.

Further noting their frustrations with the lack of specifics contained in the claim, the government lawyers cited the example of Treaty land entitlement where it was clear how much money was paid, versus how much should have been paid out.

“They’re putting the cart before the horse”, one lawyer commented, referring to the class action as a ‘fishing expedition.’

In his own remarks, Chief Justice Popescul compared Treaty rights to a jigsaw puzzle and said each individual band holds a piece.

Observing Friday’s hearing were various representatives from Lac La Ronge Indian Band including Chief Tammy Cook-Searson. Also present on Friday were Peter Ballantyne Cree Nation Chief Peter Beatty and Montreal Lake Chief Joyce McLeod.

“Our communities have suffered devastating losses due to the opioid epidemic. This lawsuit is a crucial step towards addressing the harm caused and ensuring a brighter future for our people,” Cook-Searson said as part of the initial claim.

Chief Justice Popescul indicated a decision should be ready by the end of June.

—

nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell