Two Northern Saskatchewan First Nations, the Lac La Ronge Indian Band and the Peter Ballantyne Cree Nation, have initiated legal action against the Canadian government, alleging a breach of its Treaty obligations for failing to address the opioid epidemic.
In a statement of claim filed recently, the First Nations communities have invoked the provisions of Treaty 6, which encompass support for dealing with “pestilence” and the well-known “medicine chest” clause, mandating support and medical care for First Nations.
The opioid crisis has had a profoundly detrimental impact on First Nation communities, resulting in significant losses, according to Chief Tammy Cook-Searson of Lac La Ronge. She highlighted the devastating consequences, including increased opioid-related crime, cultural erosion, adverse health outcomes, and social issues. The lawsuit asserts that Treaty 6 Nations have incurred substantial costs in mitigating the opioid epidemic’s effects on their reserves and communities, for which the Canadian government is allegedly responsible.
In a concerning development, Red Pheasant Cree Nation declared a state of emergency due to seven overdoses in a single day last month. While the RCMP and the federal department of Indigenous services have committed to collaborating with the affected community, the new lawsuit seeks remedies for all Treaty 6 bands.
The lawsuit underscores the heightened vulnerability of Indigenous people to the risks of opioid drugs. It points out that First Nations individuals are more likely to receive opioid prescriptions, have elevated rates of opioid addiction, and face a greater risk of fatal opioid overdoses compared to other Canadians.
To address the alleged Treaty 6 breaches, the plaintiffs are seeking financial support to implement an opioid abatement plan encompassing emergency assistance, treatment programs, family and social services, outreach initiatives, and addiction support.
Furthermore, the lawsuit criticizes the Canadian government’s dealings with Purdue Canada, a subsidiary of Purdue Pharma, whose bankruptcy plan is being tested in the Supreme Court. Purdue Pharma’s bankruptcy plan is designed to shield its owners, the Sackler family, from opioid-related lawsuits in exchange for a $6 billion contribution to the broader bankruptcy settlement. The U.S. Department of Justice contends that Purdue’s settlement is an abuse of bankruptcy protections, as the Sacklers withdrew $11 billion from Purdue before agreeing to contribute $6 billion to the opioid settlement.
The statement of claim alleges that the Canadian government’s arrangement with Purdue Canada obstructs First Nations’ ability to pursue their own claims against Purdue Canada, further complicating the opioid crisis issue.
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