First Nations launch class action over opioid crisis

Two northern Saskatchewan First Nations are seeking certification for a federal class action lawsuit, alleging the government of Canada failed to uphold its Treaty 6 promises during the opioid crisis.

On January 31 at the Court of King’s Bench, Chief Justice Popescul reserved his decision after hearing arguments from representatives of the Lac La Ronge Indian Band and the Peter Ballantyne Cree Nation. 

Both groups said Treaty 6, signed in 1876, includes provisions that oblige Ottawa to supply medical care during times of “pestilence” and maintain a “medicine chest.”

“That clause has to mean something,” said plaintiffs lawyer Adam Bordignon, adding that these obligations are unique to Treaty 6. 

Bordignon argued the government’s inadequate funding of addiction treatment and related services is a breach of those commitments.

The two First Nations want Canada to help establish an abatement plan that would include emergency care, addictions treatment, family services, and support rooted in traditional indigenous healing practices. 

“It’s the non-existence of these programs that’s contributed to ongoing costs,” said Bordignon.

The proposed class action could affect up to 47 Treaty 6 member bands. 

While some evidence suggested there might be more, court discussion said that many bands have split or amalgamated since the treaty was signed nearly 150 years ago.

Government lawyers, however, called the application “far too vague.” 

They said the evidence presented was unverified, arguing the claim fails to meet requirements for a class action.

“We don’t really understand what they are looking for,” federal lawyer Karen Joans told the court.

Joans also pointed to government-funded treatment programs already operating in La Ronge. 

“This class action is not the preferable way to address the issues at hand,” said Joans.

Chief Tammy Cook-Searson of the Lac La Ronge Indian Band said communities have suffered “devastating losses” during the opioid crisis. 

Chief Justice Popescul said a ruling is expected by the end of June.