Tk'emlúps te Secwépemc First Nation v. Canada
AUGUST, ABIGAIL MARGARET
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

BULPIT, DARLENE MATILDA
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

FESCHUK, GARRY (CHIEF)
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

FRASER, VICTOR
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

GILBERT, CHARLOTTE ANNE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

GOTTFRIEDSON, VIOLET CATHERINE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

HOEHNE, SHELLY NADINE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

HORSE, AMANDA DEANNE BIG SORREL
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

JOE, AARON
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

JOHNSON, FREDERICK
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

JULES, DIENA MARIE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

OBLATES OF MARY IMMACULATE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

PAUL, DAPHNE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

POULSON, RITA
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

SECHELT INDIAN BAND
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

SEYMOUR, DOREEN LOUISE
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

TK'EMLUPS TE SECWEPEMC INDIAN BAND
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

GOTTFRIEDSON, SHANE (CHIEF)
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Len Marchand

HIS MAJESTY THE KING
ATTORNEY GENERAL OF CANADA

- Parties: The plaintiffs were Chief Shane Gottfriedson, on behalf of the Tk’emlups te Secwépemc Indian Band; the Tk’emlups te Secwépemc Indian Band; and Chief Garry Feschuk, on Behalf of the Sechelt Indian Band and the Sechelt Indian Band. The defendant was His Majesty the King in right of Canada as represented by the Attorney General of Canada.

- Subject Matter: The parties sought approval of a fee agreement where the defendant agreed to pay the all-inclusive sum of $20,000,000. This sum included all past and future legal work; disbursements; costs incurred by Tk’emlúps te Secwépemc, shíshálh Nation (formerly known as Sechelt Indian Band), and the Grand Council of the Crees (Eeyou Istchee); the advance costs of $500,000, and honoraria payments of $15,000 each for the two individual representative plaintiffs.

- Ruling: The court ruled in the plaintiffs’ favour and approved the fee agreement, attached as Schedule “A”, under r. 334.4 of the Federal Courts Rules, SOR/98-106. The court found the fee agreement fair and reasonable. The court said that the parties should implement the agreement in accordance with its terms.

- Date: The hearing was set on Feb. 27, 2023. The court released its decision on Mar. 16, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court ordered the defendant to pay the total and all-inclusive amount of $19,500,000. The court approved honoraria payments of $15,000 to the two individual representative plaintiffs for the Band Class.

Federal Court
T-1542-12
Aboriginal law
$ 19,515,000
Plaintiff
15 August 2012