Assembly of First Nations (AFN) Welcomes Supreme Court Decision to Uphold Obligations and Compensate Pekuakamiulnuatsh First Nation for Police Services

(November 28, 2024 – Unceded Algonquin Territory, Ottawa, Ontario) – The Assembly of First Nations (AFN) applauds today’s Supreme Court of Canada decision in Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan. The ruling affirms that the Government of Quebec breached its obligations to act in good faith and uphold the Honour of the Crown when negotiating tripartite policing agreements with First Nations. Between 2013 and 2017, Pekuakamiulnuatsh Takuhikan absorbed over $1.5 million in deficits to sustain its police force.

“We congratulate Pekuakamiulnuatsh First Nation. This decision highlights the need for all governments to respect and uphold First Nations rights to self-governance over community safety and policing and importantly, to fund First Nations policing on an equitable basis,” said AFN National Chief Cindy Woodhouse Nepinak. “The Supreme Court has rightly affirmed that the Honour of the Crown applies to agreements entered into between the Crown and First Nations and that the source of that obligation comes from the special relationship between the Crown and First Nations peoples. The decision confirms that we too often face inequitable challenges when negotiating matters of essential services funding with the Crown.”

The AFN intervened in the case and made submissions before the Supreme Court regarding First Nation’s rights to self-governance with respect to community safety and policing. First Nations-in-Assembly have long called for First Nations policing to be recognized as an essential service and that First Nations jurisdiction over community safety and policing be recognized and respected in legislation. AFN Resolutions 107/2017, Support of the First Nations Chiefs of Police Association Resolution Calling for First Nations Policing to be Entrenched as an Essential Service, 07/2021, Creation and Implementation of Legislation for First Nations Policing as an Essential Service, 51/2022, First Nation Sovereignty over Policing, and 09/2024, Support for Recognition of First Nations Jurisdiction over Policing, highlight the need for sustainable funding for First Nations police services.

“We hope that this decision will lead to the advancement of First Nations jurisdiction over policing and its recognition as an essential service. We need meaningful change in how governments address discriminatory gaps in funding that put the safety and well-being of our Nations at risk,” added National Chief Cindy Woodhouse Nepinak.

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The Assembly of First Nations (AFN) is a national advocacy organization that works to advance the collective aspirations of First Nations individuals and communities across Canada on matters of national or international nature and concern.

Contact Information:

Jon Adam Chen
Communications Officer
Assembly of First Nations
jchen@afn.ca
(343)-573-2229 (mobile)

Jamie Monastyrski
Press Secretary
Office of the National Chief
(613) 612-7229 (mobile)
jamiem@afn.ca

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