Crown-Indigenous Relations and Northern Affairs Canada legal fees

On August 28, 2017, the Prime Minister announced the dissolution of Indigenous and Northern Affairs Canada (INAC) and the creation of two new departments: Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC).

The Government of Canada is working to right historical wrongs and rebuild our relationship with First Nations, Inuit and Métis based on affirmation of rights, respect, co-operation and partnership. We remain committed to negotiating resolutions outside of the courts, as we believe that negotiation is always preferable to litigation.

Litigation costs are not solely incurred by court proceedings. Many of these costs are incurred for out-of-court resolution activities such as recent settlements with regard to Indigenous Childhood Claims Litigation (for example: Sixties Scoop, Residential Day Schools) as well as specific claims settlements, which seek to address historical claims in order to provide justice for Indigenous communities.

Legal fees amounts also vary from year to year based on the volume of transactional business requiring legal advice, the pace of negotiations and adjudications, and the nature and magnitude of litigation brought before the courts. Not all of CIRNAC's legal costs are related to defending litigation. Costs include legal advisory services, exploratory discussions, negotiations and settlement agreement implementation. In the majority of litigation files, Canada is a defendant. While the preferred approach to resolving outstanding grievances is negotiations, Canada continues to recognize that Indigenous Peoples are entitled to choose their preferred forum to resolve outstanding claims, which may include litigation. Canada remains open to alternative forms of resolution, such as mediation and negotiation.

The total amount of legal fees paid by CIRNAC in 2022-2023 was $53.8 million.

• Of this amount, $33.8 million was spent on litigation provided by the Department of Justice Canada. Prior to fiscal year 2021-2022, litigation was managed jointly between CIRNAC and ISC with the costs reported in the public accounts by CIRNAC, on behalf of both departments. The legal fees identified in ISC's public accounts from fiscal year 2017-2018 to 2020-2021 include the litigation component for ISC's First Nations and Inuit Health Branch.
• $19.3 million was spent on legal services provided by the Department of Justice Canada, for advice and support on bills, regulations, contracting, negotiations of comprehensive claims, self- government agreements, specific claims and in consultation and accommodation matters.
• $0.3 million was spent on legal services provided by Global Affairs Canada.
• The remaining $0.4 million was spent on external legal contracted services, which are legal services from contracted lawyers or legal agents outside of the Department of Justice Canada.

CIRNAC continues to ensure that its legal costs are managed in a transparent and accountable manner for the mutual benefit of all Canadians. These costs are submitted annually to the Receiver General and the most recent costs are detailed in the 2023 Public Accounts.

Text alternative for 2022-2023 legal fees

The graphic above is a pie chart representation of the total $53.8 million in legal fees paid by CIRNAC in 2022-2023. The legal services expenditures include 4 components:

• $19.3 million for advisory services received from the Department of Justice Canada
• $33.8 million for litigation services received from the Department of Justice Canada
• $0.3 million for legal services paid to Global Affairs Canada
• $0.4 million for legal services from contracted lawyers or legal agents outside of the Department of Justice Canada