The Teslin Tlingit Council (TTC) has won its lawsuit against the Government of Canada regarding appropriate levels of funding to support its self-governing authority.

Justice Ron Veale released his decision on the case Tuesday, after hearing three days of submissions last month.

Veale ruled that Canada has a legal obligation to negotiate a financial transfer agreement (FTA) based on the number of citizens enrolled under the Tlingit Council, but it has failed to do so.

The declaration requires Canada to “address the demographic issue before the expiry of the FTA on March 31, 2019,” Veale writes in his 24-page decision.

He also found that Canada continues to base its funding to support the self-governing First Nation on the number of status Indians enrolled with no consideration given to the number of non-status Indians.

Teslin’s land claim and self-government agreements, however, do away with distinguishing the difference between status and non-status citizens, Veale noted in his decision.

During the trial last month, Teslin argued that self-government funding from Canada has been inadequate since it signed off on its agreements back in 1995.

Though reviews of self-government funding Canada provides to Yukon First Nations have shown the inadequacies of the FTAs, Canada continues to refuse to negotiate based on overall citizenship, Teslin argued.

It added that Canada continues to insist on providing funding on old, outdated formulas with modest annual increases.

The difference between what Canada provides annually and what the Tlingit Council deems appropriate is tens of millions of dollars apart, the court heard last month.

Veale pointed out in his decision that the land claim and self-government agreements required First Nations to establish a citizenship list, requirements which Canada had to approve as part of the land claims and self-government negotiations.

Canada noted during the three days of hearings that it has been involved since 2015 in a national discussion with the country’s 25 self-governing First Nations, including the 11 Yukon self-governing First Nations, to address appropriate levels of funding.

The court heard how Teslin was involved in the discussions but left the national table. It heard how Teslin felt the time for talk was long over.

Teslin provided the federal government in September 2017 with a comprehensive, itemized list of the level of annual funding it requires to support its government, but has not had a formal response.

“Canada submitted that this declaration is inconsistent with reconciliation and the nation-to-nation relationship,” says Veale’s decision.

“On the contrary, this declaration promotes reconciliation by ensuring that Canada negotiates the demographic features of TTC on a timely basis which successive governments of Canada have failed to do.

“The hopeful wishes of Canada’s Senior Negotiator notwithstanding, Canada is legally obligated to negotiate and a declaration accordingly is appropriate given the years of failing to negotiate the demographic issue.”

Veale also noted a decision by the Nunavut Court of Appeal that says Canada cannot make excuses for funding shortfalls.

“It has never been a defence to breach of contract that: ‘Sorry, we ran out of money,’ or ‘Sorry, we never included that in our budget,’” reads the Nunavut decision cited by Veale.

He noted that the Nunavut superior court ruled where Canada has a commitment to providing funding, it must do so.

Teslin told the court last month it surrendered its aboriginal rights and title to 90 per cent of its traditional territory in exchange in part for self-government authority, appropriately funded by Canada.

Canada, it argued, has never fulfilled the obligation to appropriate levels of funding to support Teslin’s self-government.

Chief Richard Sidney of the Teslin Tlingit Council could not be reached.

Canada’s lawyers for the case were similarly unavailable.