Since at least 2014, Dilico and Tikinagan have quarelled over Tikinagan's right to offer any child and family services in the city of Thunder Bay, and Dilico's right to offer any services to Tikinagan-affiliated people living in the city.
Dilico was established in 1986 by the 12 members of the Robinson-Superior Treaty signatories, including Fort William.
Tikinagan was incorporated in 1984 by the 49 members of the Nishnawbe Aski Nation.
In an effort to resolve their longstanding dispute, the Ontario government issued a directive last November that said:
- Dilico will provide services to Indigenous children and families other than children from First Nations affiliated with Tikinagan
- Tikinagan will provide services to all children and families from its affiliated First Nations
- The Children's Aid Society of Thunder Bay will provide services to non-Indigenous children and families
The plan was to take effect on Jan.30, 2020, but Dilico and Fort William First Nation brought a motion to stay its implementation pending a judicial review.
Nishnawbe Aski Nation intervened in the hearing on the motion on behalf of Tikinagan.
In February, Justice Michael Penny dismissed Dilico's application, saying it had offered "no concrete evidence whatsoever that having two Indigenous children's aid services in Thunder Bay will create confusion, much less that it will result in harm of an irreparable nature."
Having successfully challenged Dilico's motion, Tikinagan asked for partial indemnity costs of $108,000, while NAN asked for $31,000.
Dilico and Fort William proposed that costs be set at $20,000 payable by each of them.
In ruling on the issue of costs, Justice Penny said he was unable to find that $108,000 is "a fair, balanced and proportional amount."
"Tikinagan was not alone defending these motions. It was supported in no small measure by the provincial government and NAN," he noted.
He awarded Tikanagan total costs of $50,000, split equally between Dilico and Fort William First Nation.
The judge turned down NAN's application for reimbursement.
