Alberta
Supreme Court decision disappoints Mikisew Cree First Nation
Edmonton, AB – ?While the Mikisew Cree First Nation is disappointed with the Supreme Court of Canada’s decision today in ?Courtoreille v. Canada, their struggle to defend their treaty rights continues. Though today’s ruling means provincial and federal governments do not have the duty to consult about legislation threatening First Nation rights, Mikisew expects Canada to live up to the statements made in court that it would consult.
The decision ends Mikisew’s 2013 legal challenge to the previous federal government’s cuts to Canada’s environmental protection laws. Through Bills C-38 and C-45, the Harper government changed the ?Canadian Environmental Assessment Act,? the ?Fisheries Act?, the ?Species at Risk Act?, and the ?Navigable Waters Protection Act, d?drastically ?reducing federal oversight over fish and their habitat, navigable waters, and species at risk. The Bills also reduced the number of projects requiring federal environmental assessments and reduced the scope and depth of assessments for those projects.
“We are very disappointed that the court refused to advance reconciliation with this case,” said Mikisew’s legal counsel, Robert Janes. “The lack of consultation on these Bills led to bad laws, which resulted in failures like the Trans Mountain Pipeline Expansion Project and weaker environmental protection for all Canadians.”
The Harper Government passed these laws without consulting with Mikisew and other affected First Nations. At the Federal Court, Mikisew successfully argued that governments have a legally binding duty to consult First Nations when developing legislation that may impact the rights of First Nations. After the Federal Court of Appeal overturned the earlier ruling in 2016, Mikisew took its case to the Supreme Court of Canada, which has upheld the Federal Court of Appeal’s decision.
Mikisew Chief Archie Waquan said the ruling was a missed opportunity.
“Mikisew and other First Nations have valuable knowledge, laws and experience to contribute. We should be at the table with government not reacting after the fact through litigation.” This decision does not end Mikisew’s fight to protect its treaty rights. Chief Waquan noted the decision does not prevent the Crown from actually consulting. “The Crown has said they could and would consult and we will hold them to that promise.”
Background
Mikisew Cree First Nation signed Treaty 8 in 1899. The Mikisew Cree continue to live a traditional lifestyle where, even today, most of their members in Fort Chipewyan rely on “country foods” such as fish, birds, and moose for a significant portion of their diet.
Athabasca Delta is the heart of their traditional lands, which range over much of the area where the Athabasca Oil Sands deposits have been found. Mikisew Cree First Nation shares this territory with four other First Nations that make up the Athabasca Tribal Council. 2900 people make up the Mikisew First Nation. Their governing body is made up of six Councillors and a Chief.
Since Treaty 8 was signed, many large scale industrial developments have affected Mikisew lands and waters, with the pace of development increasing significantly over the past decades. In 2005, Mikisew made history when it won a landmark case at the Supreme Court of Canada, which established that the Crown had to consult First Nations with historical treaty rights. Mikisew continues to employ a variety of strategies to seek protection of its rights and culture and to create opportunities for the nation. ?The Supreme Court ruling today is the result of a lengthy legal challenge by the Mikisew Cree which began in 2012.
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Alberta
Former senior financial advisor charged with embezzling millions from Red Deer area residents
News release from Alberta RCMP
Former senior financial advisor charged for misappropriating nearly $5 million from clients
On April 4, 2024, the RCMP’s Provincial Financial Crime Team charged a Calgary resident for fraud-related offences after embezzling millions of dollars from his clients while serving as a senior financial advisor.
Following a thorough investigation, the accused is alleged to have fraudulently withdrawn funds from client accounts and deposited them into bank accounts he personally controlled. A total of sixteen victims were identified in the Red Deer area and suffered a combined loss of nearly $5 million.
Marc St. Pierre, 52, a resident of Calgary, was arrested and charged with:
- Fraud over $5,000 contrary to section 380(1)(a) of the Criminal Code; and,
- Theft over $5,000 contrary to section 344(a) of the Criminal Code.
St. Pierre is scheduled to appear in Red Deer Provincial Court on May 14, 2024.
“The ability for financial advisors to leverage their position to conduct frauds and investment scams represents a significant risk to the integrity of Alberta’s financial institutions. The investigation serves as an important reminder for all banking clients to regularly check their accounts for any suspicious activity and to report it to their bank’s fraud prevention team.”
- Sgt. John Lamming, Provincial Financial Crime Team
The Provincial Financial Crime Team is a specialized unit that conducts investigations relating to multi-jurisdictional serious fraud, investments scams and corruption.
Alberta
Political parties will be part of municipal elections in Edmonton and Calgary pilot projects
Strengthening Alberta’s local elections
Alberta’s government is introducing legislation to ensure Albertans can rely on transparent, free and fair elections, and municipally-elected officials have clearer accountability measures.
In a democratic society, Albertans expect their local elections to be free and fair, and their elected officials to be held to account by clear rules that govern their local councils. The Municipal Affairs Statutes Amendment Act proposes amendments to the Local Authorities Election Act (LAEA) and the Municipal Government Act (MGA) to add greater transparency to local election processes and ensure local councils and elected officials continue to remain accountable to the citizens who elected them.
“Our government is committed to strengthening Albertans’ trust in their local governments and the democratic process that elects local leaders. The changes we are making increase transparency for Alberta voters and provide surety their votes will be counted accurately. We know how important local democracy is to Albertans, and we will work with local authorities to protect and enhance the integrity of local elections.”
Local Authorities Election Act
Albertans expect free and fair elections and that’s why it’s important we strengthen the rules that govern local elections. To strengthen public trust in local elections, Alberta’s government will eliminate the use of electronic tabulators and other automated voting machines. All Albertans should be able to trust the methods and results of local elections; requiring all ballots to be counted by hand, clarifying rules and streamlining processes for scrutineers will provide voters greater assurance in the integrity of the results.
All eligible Albertans should be able to vote in local elections without impediment. Alberta’s government will limit the barriers for eligible voters to cast a ballot by expanding the use of special ballots. Currently, special ballots can only be requested for very specific reasons, including physical disability, absence from the municipality, or for municipal election workers. By expanding the use of special ballots, the government is encouraging more voter participation.
Amendments in the Municipal Affairs Statutes Amendment Act would increase transparency in local elections by enabling political parties at the local level. Political parties would be enabled in a pilot project for Edmonton and Calgary. The act will not require candidates to join a political party in order to run for a local or municipal office, but will create the opportunity to do so.
In addition, proposed changes to the Local Authorities Election Act would allow municipalities the option to require criminal record checks for local candidates, thus increasing transparency and trust in candidates who may go on to become elected officials.
Municipal Government Act
The role of an elected official is one with tremendous responsibility and expectations. Changes proposed to the Municipal Government Act (MGA) will strengthen the accountability of locally elected officials and councils. These include requiring mandatory orientation training for councillors, allowing elected officials to recuse themselves for real or perceived conflicts of interest without third-party review and requiring a councillor’s seat to become vacant upon disqualification.
If passed, the Municipal Affairs Statutes Amendment Act will also unlock new tools to build affordable and attainable housing across Alberta. Proposed amendments under the MGA would also create more options for municipalities to accelerate housing developments in their communities. Options include:
- Exempting non-profit, subsidized affordable housing from both municipal and education property taxes;
- Requiring municipalities to offer digital participation for public hearings about planning and development, and restricting municipalities from holding extra public hearings that are not already required by legislation; and
- Enabling municipalities to offer multi-year residential property tax exemptions.
Municipal Affairs will engage municipalities and other partners over the coming months to hear perspectives and gather feedback to help develop regulations.
Quick facts
- The LAEA establishes the framework for the conduct of elections in Alberta municipalities, school divisions, irrigation districts and Metis Settlements.
- The MGA establishes the rules governing the conduct of local elected officials once on council, as well as the overall administration and operation of municipal authorities in Alberta, including any policy those authorities may wish to implement.
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