"Pressing Needs": SCC Clarifies Advance Costs For Indigenous Governments In Public Interest Litigation

On March 18, 2022, the Supreme Court of Canada (SCC) released its unanimous decision in Anderson v. Alberta, which considers and expands Indigenous governments' ability to obtain interim funding from the other party (in this case, the Crown) during public interest litigation (advance costs).¹

The SCC's decision improves Indigenous governments' access to justice and signals the SCC's willingness to adapt and evolve Canadian law, and the exercise of the Court's discretionary powers, in a manner that furthers reconciliation. The decision is relevant for Crown and Indigenous governments who are, or who may be, involved in public interest litigation.

BACKGROUND

Beaver Lake Cree Nation (Beaver Lake) is a Treaty 6 First Nation. It is an "impoverished community" whose living conditions are marred by issues of food insecurity, inadequate housing, inadequate infrastructure, insufficient resources for education and health programs, poor water access and quality,