Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith

Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal

Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Federal Justice Minister Rob Nicholson announced the reappointment of Justice Patrick Smith to the Specific Claims Tribunal on November 26, 2010. This decision faces unanimous opposition by the Chiefs of Ontario.


Justice Smith issued the incarceration order against Kitchenuhmaykoosib Inninuwug (KI) Chief Donny Morris, four Councillors, and a citizen (the “KI 6”) who were peacefully defending their traditional territory against unwanted exploration activity by a junior mining company. The First Nations in Ontario believe that his interpretation of the law at the hearing was inconsistent with Section 35 of the Canadian Constitution Act and the United Nations Declaration on the Rights of Indigenous Peoples. On appeal of Mr. Justice Smith’s order the Ontario Court of Appeal later questioned the original sentencing decision and released the KI 6 from their sentences early.


The Specific Claims Tribunal has been established to deliver independent adjudication regarding specific claims which arise from alleged breaches of Treaties, fraud, illegal dispositions or inadequate compensation for First Nations reserve lands.


“The First Nations in Ontario believe that the treatment of First Nation leadership, acting in accordance with their beliefs about their land rights, by Justice Smith is incompatible with the Tribunal’s mandate of independent and culturally-sensitive decision making,” stated Regional Chief Angus Toulouse. “We do not view his appointment as a productive move for the Tribunal and seriously question the Justice’s ability to address First Nations claims in a fair and just manner.”


At a recent meeting of the Chiefs in Assembly the Chiefs passed a resolution setting out their views regarding this matter and such was communicated to federal Justice Minister Rob Nicholson.