Court orders Indigenous Services to hand over Frog Lake First Nation financial documents

IndigenousA Federal Court judge has ruled that Indigenous Services Canada must supply financial records concerning Frog Lake First Nation to a band member who says he is concerned about management of the band’s trust funds. First Nation member requested records after federal trust funds decreased by $90M over 10 yearsListen to this articleEstimated 3 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.A Federal Court judge has issued a ruling ordering Indigenous Services Canada to release financial records concerning Frog Lake First Nation in Alberta. (Andrew Lee/CBC)A Federal Court judge has ruled that Indigenous Services Canada (ISC) must supply financial records concerning Frog Lake First Nation to a band member who says he is concerned about management of the band’s trust funds. Frog Lake member Hans McCarthy said he first raised concerns about a decade ago about how the nation’s federal trust funds — money intended for use and benefit of the community held in trust by the federal government — were being used.Financial statements from the First Nation, located about 200 kilometres east of Edmonton, showed over $100 million in federal trust funds in 2014. However, by 2024, financial statements showed $8.6 million in trust funds.“We we need transparency in our community because we can’t keep losing money like this,” McCarthy said. McCarthy has been asking for the band council resolutions by Frog Lake’s chief and council submitted to ISC to authorize release of money from the trust. ISC, the respondent in the case, denied McCarthy’s request for the records in 2022. The First Nation was not a party to the case. McCarthy asked the court to review the case and on Nov. 20, a federal court judge ruled ISC must provide the documents to McCarthy within 30 days.A spokesperson for ISC said they were reviewing the court’s decision. Frog Lake First Nation is located about 250 kilometres east of Edmonton, near the Saskatchewan border. (CBC)“I’m feeling overwhelmed with excitement, just an overwhelming amount of emotions,” McCarthy said of the decision. “I actually shed some tears because I was just overwhelmed.”The ruling also said “information about transfers from moneys held in trust was intended to be shared not just with members of Frog Lake First Nation but with the general public.” McCarthy’s initial requests for the documents directly from the First Nation went unanswered, according to the Canadian Taxpayer’s Federation (CTF). Gage Haubrich, Prairie director of CTF, said the decision sets a precedent for other First Nation members who want to obtain financial records from their own communities.“We think it’s one of the most significant transparency rulings for First Nations in recent years because it kind of sends a clear message that accountability to band members is not optional, but a legal requirement for the government,” Haubrich said. Haubrich said CTF intends to stay in touch with McCarthy as they wait for the documents from ISC. ABOUT THE AUTHORSamantha Schwientek is a reporter with CBC Indigenous based in amiskwacîwâskahikan (Edmonton). She is a member of the Cayuga nation of the Six Nations of the Grand River, and previously worked at CBC Nova Scotia.