Ontario (Indigenous Police) v. Canada (Public Safety)

Ontario (Indigenous Police) v. Canada (Public Safety)

The Court had jurisdiction under s.44 FC Act and, on the interlocutory record, IPCO established a strong prima facie case of discrimination in FNIPP implementation (supported by prior CHRT and court findings), demonstrated clear, non‑speculative irreparable harm to public safety if Indigenous policing ceased, and showed the balance of convenience favoured interim relief; accordingly the motion was granted in part: PSC ordered to immediately reinstate funding to T3PS, APS and UCCM for 12 months at least at 2022‑23 levels and those three services were relieved, for that period, from complying with specified prohibitions in s.6 (funding for amortization/debt and legal costs for agreement...

Citation
2023 FC 916
Parties
Complainant / Moving Party: Indigenous Police Chiefs of Ontario; Respondent: Public Safety Canada; Intervener: Assembly of First Nations
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 June 2023
Procedural Posture
Interlocutory Injunction Under Federal Courts Act in Relation to a Canadian Human Rights Act Complaint (fnipp Funding) / Urgent Interlocutory Motion Pending CHRA Complaint and Tribunal Proceedings (motion Heard June 14, 2023; Decision June 30, 2023)
Outcome
Motion granted in part (mandatory interlocutory injunction granted as to funding and limited relief from specified s.6 prohibitions); declaratory relief and broader suspension of s.6 denied; no costs awarded.
Legal Topics
First Nations and Inuit Policing Program (fnipp), Canadian Human Rights Act, Federal Courts Act S.44, Interlocutory Injunctions, Terms and Conditions of Funding, Honour of the Crown, Issue Estoppel
Source Language
English
Administrative Law Human Rights Law Indigenous Law Public Law Equity and Remedies First Nations and Inuit Policing Program (fnipp) Canadian Human Rights Act Federal Courts Act S.44 +4 more

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Parties

Indigenous Police Chiefs of Ontario

Complainant / Moving Party

Public Safety Canada

Respondent

Assembly of First Nations

Intervener

Procedural Posture

Interlocutory Injunction Under Federal Courts Act in Relation to a Canadian Human Rights Act Complaint (fnipp Funding) / Urgent Interlocutory Motion Pending CHRA Complaint and Tribunal Proceedings (motion Heard June 14, 2023; Decision June 30, 2023)

Legal Issues

  1. 1 Whether s.44 FC Act grants jurisdiction to issue freestanding interlocutory relief pending CHRA proceedings
  2. 2 Whether Public Safety Canada is issue estopped from contradicting findings in Dominique, Pekuakamiulnuatsh and Takuhikan
  3. 3 Whether declaratory relief was appropriate on an interlocutory motion

Ratio Decidendi

The Court had jurisdiction under s.44 FC Act and, on the interlocutory record, IPCO established a strong prima facie case of discrimination in FNIPP implementation (supported by prior CHRT and court findings), demonstrated clear, non‑speculative irreparable harm to public safety if Indigenous policing ceased, and showed the balance of convenience favoured interim relief; accordingly the motion was granted in part: PSC ordered to immediately reinstate funding to T3PS, APS and UCCM for 12 months at least at 2022‑23 levels and those three services were relieved, for that period, from complying with specified prohibitions in s.6 (funding for amortization/debt and legal costs for agreement...

Court Disposition

Motion granted in part (mandatory interlocutory injunction granted as to funding and limited relief from specified s.6 prohibitions); declaratory relief and broader suspension of s.6 denied; no costs awarded.

Orders

  • Public Safety Canada shall immediately flow funds to Treaty Three Police Service (T3PS), Anishinabek Police Service (APS) and UCCM Anishnaabe Police Service (UCCM) for a 12‑month period, in a manner consistent with the First Nations Policing Policy and in at least the amounts flowed through the last tripartite...
  • During that 12‑month period T3PS, APS and UCCM are relieved from any obligation of compliance with the provisions in section 6 of the Terms and Conditions prohibiting use of funds for 'costs related to amortization, depreciation, and interest on loans' and for 'legal costs related to the negotiation of the agreement...