Indigenous Services 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: Indigenous Services Canada (ISC) and Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC).

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.

Legal fees amounts 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. Most of ISC's legal costs are not related to defending litigation; the majority of the costs are related to legal advice and support on different files and initiatives.

The total amount of legal fees paid by ISC in 2022-2023 was $36 million:

• Of this amount, $23.4 million was spent on legal services provided by the Department of Justice Canada, for advice and support on funding agreements, as well as additions to reserve, loans, leases permits and certificates of possession. These are complex transactions for which the Department of Justice Canada provides legal advice, as they relate to land transactions under the Indian Act. Prior to fiscal year 2021-2022, ISC's legal fees were paid to Department of Justice Canada through CIRNAC with a portion of the advisory fees reported in the public accounts by CIRNAC.
• $12.3 million was spent on litigation services provided by the Department of Justice Canada. Prior to fiscal year 2021-2022, litigation was managed jointly between CIRNAC and ISC with the majority of 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.
• The remaining $0.3 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.

ISC 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 $36 million in legal fees paid by ISC in 2022-2023. The legal services expenditures include 3 components:

• $23.4 million for advisory services received from the Department of Justice Canada
• $12.3 million for litigation services received from the Department of Justice Canada
• $0.3 million for legal services provided by contracted lawyers or legal agents outside of the Department of Justice Canada