Ontario’s severed ties with Starlink impedes access to legal services in remote First Nations
Indigenous legal advocates in northwestern Ontario are raising concerns about the Ontario government’s decision to cancel its contract with Starlink, a move that could impact access to legal services in remote First Nations communities. The cancellation of the $100-million deal with Elon Musk’s internet provider has sparked worries among advocates who fear that people in these remote areas will struggle to participate in virtual courts.
The Starlink-Navigator Program, delivered by Nishnawbe-Aski Legal Services Corporation (NALSC), allowed community members without reliable internet access to attend virtual court sessions. This program served between five and 80 people per session across 29 court locations in Nishnawbe Aski Nation (NAN) territory, covering 49 First Nations across Treaties 9 and 5.
The cancellation of the program means that NAN community members will now have to find alternative means to attend court via platforms like Zoom. This change could have significant implications for individuals who may not have the resources or technology to participate in virtual court proceedings.
NALSC has expressed concerns about the impact of the cancellation on the justice system, noting that without funding for the program, many individuals may be unable to participate in court processes. This could result in delays in legal proceedings and increased costs to complete matters, further straining an already overburdened legal system.
Daniel Cox, a lecturer at the Bora Laskin Faculty of Law in Thunder Bay and a member of Fort William First Nation, emphasized the importance of remote access to legal services in First Nations communities. He highlighted the constitutional rights of individuals to trials within a reasonable timeframe and the potential for increased incarceration rates if people fail to attend court dates due to lack of access.
Francine McKenzie, a student at the Bora Laskin Faculty of Law and a member of Muskrat Dam First Nation, emphasized the need for technology to improve access to justice services in First Nations. She highlighted the importance of programs like the Starlink-Navigator Program in bridging the gap in areas such as family law and wills and estates planning.
Both Cox and McKenzie underscored the importance of finding alternative solutions to ensure continued access to justice in remote communities. Cox suggested investing in homegrown infrastructure or encouraging Canadian telecom providers to develop similar service provisions. McKenzie emphasized the need for long-term, reliable funding to support access to justice initiatives in Indigenous communities.
Overall, Indigenous legal advocates are calling for continued support for organizations like NALSC and the development of innovative solutions to address the challenges faced by remote First Nations communities in accessing legal services. It is crucial to prioritize the needs of these communities and ensure that all individuals have equal access to justice resources.
