In Alberta, justice goes to those who can afford it the most.
In her September 2019 decision, Justice Beverly Browne wrote it would be “manifestly unjust” to force Beaver Lake to choose between spending money on pressing community needs such as housing and social assistance or the cost of litigation.
But that decision was overturned in June by the Alberta Court of Appeals. It prompted the First Nation to seek leave to the Supreme Court earlier this month, arguing Alberta’s highest court was too restrictive. If it stands, Beaver Lake fears a First Nation would only qualify for advanced costs once its exhausted all available funds, regardless of community need.