Thunderchild First Nation members win case against chief and council; chief appealing

Band members from Thunderchild First Nation in northwestern Saskatchewan are celebrating after winning a court case against chief and council over the band’s finances. The Band Members Alliance and Advocacy Association of Canada (BMAAAC) was a co-applicant in the court filing alongside 17 band members under the First Nation Financial Transparency Act (FNFTA) in May of 2024. The judge in the case ruled chief and council at Thunderchild were in violation of the Act. BMAAAC President, Rob Louie says they actually got more than they asked for with Justice Julie Blackhawk issuing several court orders as part of her decision. “This case has been nicknamed ‘show me the sooniyas’-sooniyas being the word for money in the Cree language,” Louie says. “The membership finally obtain[ed] a court ruling that ordered their leadership to disclose all of their finances and remuneration.” Louie says many band members are just learning about the Mar. 28 decision due to challenges with communication. He says the great irony is the case is about financial transparency, but the decision hasn’t been made known publicly. However, Thunderchild Chief Delbert Wapass is “now spearheading an appeal, which will further impact his band’s financial state,” according to Louie. APTN News reached out to the Chief Wapass and several council members but did not hear back. The case came about after years of frustration for members who Louie says repeatedly requested copies of financial documents and expense reports from 2013 to 2023 but failed to receive them. Among the court orders issued by Blackhawk was that chief and council at Thunderchild provide an update to the Court and the Applicants every 90 days on their progress with respect to compliance with the schedule set out in her ruling. “Despite the Respondent’s (Chief and Council) admissions that its FNFTA obligations are owed and are outstanding, the Respondent does not appear to have made efforts to work with the Applicants (Band Members of Thunderchild) to develop a schedule for disclosure of the Financial Records to resolve the matter out of court,” Blackhawk said. She went on to say that Thunderchild’s chief and council did not provide an explanation for the many years of non-compliance with the FNFTA, other than that the history of non-compliance started under prior administrations. Blackhawk ordered chief and council to publish the band’s financial records on their website and publish a schedule of remuneration and expenses for several fiscal years. She also ordered them to “provide an update to the Court and the Applicants every 90 days on their progress with respect to compliance with the schedule set out above.” Louie says the case highlights a number of issues that have been a result of Indigenous Services Canada not enforcing the FNFTA for the last 10 years. Enacted in 2013 under the Harper government, FNFTA’s primary goal is to increase transparency and accountability in First Nations financial management by requiring the public disclosure of financial information.  APTN reached out to Indigenous Services Canada for comment but didn’t hear back by our deadline. Read more: First Nations Financial Transparency Act Continue Reading