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5 First Nations to fight Transparency Act in federal court today

Lawyers for the federal government are to be in court today to persuade a judge to force five First Nations to open their books to the public.

Transparency Act requires all First Nations to post salaries, financial statements online

Perry Bellegarde, national chief of the Assembly of First Nations, plans to be in Saskatoon for part of the two-day hearing in federal court. (The Canadian Press)
Lawyers for the federal government are to be in courttoday to persuade a judge to force five First Nations to open theirbooks to the public.

The reserves are protesting the government's transparency law,which since last year requires all First Nations to post theirsalaries and audited financial statements online.

Aboriginal Affairs Minister Bernard Valcourt has said thelegislation makes financial information more accessible to bandmembers and leads to "more effective, transparent and accountablegovernance, as well as stronger, more self-sufficient and prosperouscommunities."

Accountability or control?

Some band leaders argue the law is about controlling aboriginalcommunities and breaches their indigenous rights.

"It's bad legislation," said Perry Bellegarde, national chiefof the Assembly of First Nations, who plans to attend some of thetwo-day hearing in federal court in Saskatoon.

He said the worst part of the law is that it forces reserves toreveal financial details of businesses that don't rely on governmentfunding, which creates confidentiality and competitiveness issues.

"Transparency and accountability is a good thing, and we totallysupport that, but it's our own-source revenues that's the big issueit's pretty heavy-handed."

The federal government did not respond to requests for commentTuesday.

Last year, after the government's November deadline had passed,it withheld "non-essential" funding from almost 50 reserves thathad yet to disclose their numbers.

5 First Nations at centre of court action

It proceeded with court action against five: the Sawridge andAthabasca Chipewyan First Nations in Alberta and the Thunderchild,Ochapowace and Onion Lake bands in Saskatchewan.

Cold Lake First Nation in Alberta was originally on the list, butwas dropped from the case after it complied and posted its finances.

A release from Dene Nation with the Assembly of First Nationssaid the government recently filed an application against anotherband Liard First Nation in Yukon.

In a separate court case, the Onion Lake band is challenging thevalidity and constitutionality of the law.

One of the reserve's lawyers, Michael Marchen in Edmonton, saidno date has been scheduled since the decision in this week's hearingwill determine if the challenge moves forward.

He said his office will be arguing today for a stay and aninjunction exempting the band from complying with the law.

Heexpects lawyers for the other reserves will make similar requests.

Rally expected today

Outside the courthouse, several chiefs are expected at a rally insupport of the five bands, including Bill Erasmus, who representsthe Northwest Territories and the country's Dene people.

He commends the five bands for fighting back.

"This government is not about sitting down with people andworking out arrangements," Erasmus said. "They're all aboutbullying and forcing people and putting pressure on people becausethey can."

He said the bands he represents have no problem revealingfinances to their own people and the government, but it's unfairthat the information has to be published for the public to see.

Bellegarde said he hopes that if the judge rules in the bands'favour, the government will agree to revamp the law.

He'll be reaching out during the federal election campaign toparty leaders to ask them to support a review of several pieces oflegislation affecting First Nations, he added.