First Nations student deaths inquest: Is the treaty relevant?

Talking about treaty rights at an inquest into the deaths ofFirst Nations students in Thunder Bay, Ont., might confuse the jury, according to the presiding coroner.

The inquest is examining the deaths of seven young people from remote First Nationswho were in Thunder Bay to attend high school, in part because of limited access to secondary schools in their home communities.

Coroner Dr. David Eden interrupted questioning of a witness at the inquest on Monday when Etienne Esquega,the lawyer for the Northern Nishnawbe Education Council, began asking about treaty rights.

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"How does this line of questioning assist the jury in making recommendations?" Eden asked Esquega after the jury had been excused.

Luke Hunter, the director of land rights and treaty research withNishnawbe Aski Nation had previously testified about educational provisions in Treaty 9 and Treaty 5, which cover the territory from which the students came to Thunder Bay.

"If you read the text of the treaty it says that the governmentwill provide schools and teacher's salaries," Hunter said.

Treaties are disputed in law and have not been ruled on by the courts, Eden said, so the jury could be confused ifCanada or Ontario enter contradictoryevidence.

"This inquest will not be resolving disputes relating to treaty obligations...it's not something on which the jury can make a finding," Eden said.

"With all due respect, there are 23 First Nations that make up NNEC [Northern Nishnawbe Education Council], all of them are relying on this treaty as the primary source of that right to education," Esquega responded.

"This is not simply going to the Lakeheadpublicschool board and saying we need more money for more teachers," he added. "That's not there.This isrooted in all this evidence we're hearing right now."

When the jury returned, Eden told jurorsthat he had instructedlawyers to make a "distinction between that which is set in law and that which is not decided" when asking witnesses about treaties.

That's a challenging distinction to make without undermining his clients'fundamentalbeliefs, said the lawyer for theNishnawbeAski Nation.

"My clients do not think they need a court to tell them what is their treatyright that their ancestors signed," Julian Falconer said.

The inquest continues on Tuesday with testimony from Lakehead University's vice-provost of aboriginal initiatives, Cynthia Wesley-Esquimauxand Thunder Bay police Deputy Chief Andy Hay.

Watch live streamingvideo from the First Nation student deaths inquest here.

Follow CBC Thunder Bay reporter Jody Porteras she tweets from the inquest.