The Supreme Court of Canada ruled 8-1 on Wednesday that the Quebec government acted dishonorably by refusing to negotiate funding terms for the First Nations police force in the Mashteuiatsh community. The court dismissed the Canadian province’s appeal, upheld the lower court’s decision, and ordered the province to pay $767,745 in accumulated deficits from 2013-2017.

The case arose from a funding dispute between Quebec and the Pekuakamiulnuatsh First Nation over its police force, which serves Mashteuiatsh, a primarily Innu community. The First Nation argued that the existing funding agreement left them unable to maintain adequate policing services, jeopardizing public safety and the community’s well-being.

In its decision, the Supreme Court held that Quebec violated the honor of the Crown by failing to engage in meaningful negotiations with the First Nation. The court underscored that agreements involving Indigenous self-governance, such as the funding of community policing, must align with the principles of reconciliation and uphold Section 35 of the Constitution Act, 1982, which protects Aboriginal and treaty rights.

The court further emphasized that properly funded First Nations police services are integral to the broader goals of reconciliation and self-determination. It also criticized Quebec for not engaging in good-faith negotiations, highlighting the need for government accountability in respecting Indigenous governance structures.

Justice Nicholas Kasirer wrote on behalf of the majority:

By refusing to renegotiate the level of funding despite Pekuakamiulnuatsh Takuhikan’s repeated complaints and the precarious situation in which it found itself, Quebec conducted itself in a manner that fell well below the standard of honourable conduct.

First Nations leaders praised the ruling as a step forward in addressing systemic inequalities in policing and public safety. Pekuakamiulnuatsh Chief Gilbert Dominique welcomed the decision, stating:

This is the second ruling this year that confirms the chronic underfunding of our police services. This is another example of systemic racism that must stop.

The Supreme Court’s ruling may have far-reaching implications for other Indigenous police forces across the country, as it reinforces the Crown’s obligation to negotiate funding agreements in good faith and provide equitable resources. A recent report of the Auditor General highlighted critical shortcomings in the management of the First Nations and Inuit Policing Program.

This latest ruling further emphasizes the critical role of Indigenous policing in advancing reconciliation and addressing historical injustices and holds much significance in light of reconciliation efforts in Canada, with Members of Parliament convening for an emergency debate on the deaths of First Nations individuals in police encounters. Additionally, Canada’s Office of the Special Interlocutor urged reparations for the disappearance of Indigenous children in October 2024. Earlier this month, the Canadian government also formally apologized for the mass killing of sled dogs. Further, a recent report of the Auditor General highlighted critical shortcomings in the management of the First Nations and Inuit Policing Program.