December 2, 2025
In its recent decision in McCarthy v. Canada (Indigenous Services), the Federal Court of Canada ordered Indigenous Services Canada (“ISC”) to disclose to Hans McCarthy, a member of Frog Lake, portions of Band Council Resolutions (“BCRs”) authorizing withdrawals from Frog Lake First Nation’s trust. The BCRs authorized withdrawals to pay the salaries and expenses of Frog Lake’s Chief and Councilors.
The Court found that information about these salaries and expenses was “public information” to members of Frog Lake because of a law called the First Nations Financial Transparency Act. The First Nations Financial Transparency Act is a law enacted by the Harper government. Its purpose is to “to enhance the financial accountability and transparency of First Nations.” It does this by requiring First Nations to: