In Anderson v. Alberta (SCC, 2022) the Supreme Court of Canada considered rules around costs-funding by government parties of public interest litigation in the event of 'impecuniosity' of a party. Here, the funding applicant was a native band but the principles may be adaptable to public interest litigation generally [paras 16-52].
. Attawapiskat First Nation v. Ontario [consultation funding]
In Attawapiskat First Nation v. Ontario (Div Ct, 2022) the Divisional Court considered the relatively novel issue of the extent to which the duty to consult requires respondents to fund native's participation [generally see paras 95-108]:
[98] Ontario highlights that no case has yet recognized a general right to consultation funding. Ontario acknowledges that where a community cannot meaningfully engage in consultation due to resource constraints, the Crown must do what it can to facilitate meaningful dialogue. This might include funding to facilitate consultation, where the ability of the Indigenous community to participate in consultation is jeopardized without financial assistance: Platinex Inc. v. Kitchenumaykoosib Inninuwug First Nation 2007 CanLII 20790 (ON SC), [2007] 3 C.N.L.R. 221 (ONSC), at paras. 18, 22-27, Saugeen, at para. 27.
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