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TTC vs Canada

Tuesday, 11 December 2018 17:44

Teslin Tlingit Council took The Federal Government to Yukon Supreme Court.

Teslin Tlingit Council (TTC) is suing the Canadian Government for breach of obligation of the Federal Transfer Agreement (FTA).

The most recent update came in 2010 and according to TTC failed to address chronic under-funding plaguing the agreement since it was signed in 1995

The Agreement is supposed to be reviewed every 5 years.

The TTC are seeking declarations to address comparability costs, capital and operational needs and funding based on citizenship, not the number of status-indians registered to the first nation as considered under the Indian act.

By under-funding the nearly 25% of the citizenship who are non-status, Canada has been saving millions each year totaling loses for Teslin at around $80 million over 8 years.

Defence representing the Attorney General of Canada started by explaining some of the delays in response. 

Teslin Tlingit Council is one of 7 First Nation self governments who were jointly looking to renegotiate their transfer Agreements before the extension expires, but the TTC then broke off to negotiate on their own.

The parties also disagree on the 'actual-cost' of delivering services to citizens. 

70-75% of the annual revenue for the First Nation comes from the transfers for the Federal government. 

Teslin agreed to giving up 90% of their traditional land in exchange for land claim agreements and the right to self-government.

Justice Ron Veale has decided to reserve his decision, but recognizes that it is a time sensitive matter.

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