Teslin Tlingit Chief Richard Sidney says Tuesday’s major court decision provides clarity for negotiating funding agreements to support the Teslin Tlingit Council (TTC) government.

Teslin sued the Government of Canada a year ago, arguing the federal government was in breach of its legal commitment to provide adequate funding for the self-governing First Nation.

It argued Canada was stuck in the old, outdated ways of basing funding on the number of status Indians on Teslin’s enrolment list.

The Tlingits argued their modern day treaty clearly states their self-government funding was to be based on their citizenship – all their citizens, status and non-status.

Justice Ron Veale of the Yukon Supreme Court agreed with the Teslin Tlingit Council.

Sidney said in an interview this morning Veale’s decision provides clarity in what is expected of the federal government when negotiating the annual financial transfer agreement with Teslin.

Whether Teslin and Canada can come to a new agreement by March 31, when the existing agreement expires remains to be seen, but Teslin is ready to get to the negotiating table, the chief explained.

“I am not sure where we will be by April 1,” Sidney said.

“We might be 90 per cent complete, we might be 100 per cent complete but we will not know until we engage in that process.”

Sidney reiterated the federal government knows exactly what Teslin’s position is because the Tlingit Council provided Ottawa with a comprehensive, detailed document in September 2017 itemizing the self-government financing it requires.

During the three-day trial last month, the court heard Canada has not formally responded to Teslin’s submission of 17 months ago, other than to ask questions.

The Teslin Tlingits argued the Government of Canada has refused to negotiate the financial transfer agreement based on the citizenship enrolment, and that it continues to base funding on the number of status Indians, just like the old days under the federal Indian Act.

The Yukon’s land claim and self-government agreements clearly state the territory’s self-governing First Nations would develop a citizenship list based on ancestry and blood quantum, not on what Ottawa defines as status and non-status Indians, Teslin argued.

They argued negotiations to establish financial transfer agreements were to be based on the citizenship enrolment, not the number of status Indians belonging to the First Nation.

Justice Veale agreed.

Veale ruled Canada has failed to honour its legal obligation to negotiate based on citizenship, but also emphasized the opportunity to enter into fair financial transfer agreements is a door to a positive future.

“The concept of self-government for First Nations holds great promise, as it is embraced by Canada and First Nations,” Veale wrote in his 24-page decision.

“However, self-government financing must be negotiated in an honourable way to ensure First Nations survive and thrive. It also ensures that Canada and TTC continue their journey down the road to reconciliation.”

Evidence put before the court by the TTC indicates Teslin and Canada are tens of millions of dollars apart on what Teslin insists would be a fair annual financial transfer agreement.

The federal government in 2015 entered into a national discussion regarding annual transfer agreements with the 25 self-governing First Nations in the country, including the 11 Yukon self-governing First Nations.

Teslin left the table and pursued legal action, indicating the time for talk was over, that it had put up with Canada’s failure to properly negotiate transfer agreements for the past 20 years and more, the court heard.

It’s felt by many that Teslin’s victory is a victory for all of the territory’s self-governing First Nations.

“I declare that Canada has a legal obligation to negotiate a self-government FTA with Teslin Tlingit Council pursuant to the Final Agreement and ss. 16.1 and 16.3 of the Self-Government Agreement, that takes into account funding based on TTC Citizenship and has failed to do so,” Veale concluded in his decision.

Federal communications officer Marie-Louise Boyland said this morning Ottawa is preparing a statement in response to Veale’s decision. It was expected later today, she said.

In his formal statement issued yesterday, the Teslin chief said: “We can now move forward on negotiating an FTA that is fair and equitable for our people.”