- Parties: The applicant was Kahkewistahaw First Nation. The respondent was His Majesty the King in Right of Canada as represented by the Minister of Crown-Indigenous Relations.

- Subject Matter: In 1889, the respondent set aside a fishing station on Crooked Lake as a reserve (IR 72A) for the benefit of the applicant’s members, whose primary reserve (IR 72) was landlocked. In 1944, the respondent requested that the applicant consent to a surrender of a small portion of IR 72A for a road allowance requested by a local municipality. The applicant filed with the Specific Claims Tribunal a declaration of claim seeking compensation relating to several alleged failures by the Crown to fulfill duties that it owed to the applicant with respect to IR 72A and its surrender.

- Ruling: The appeal court ruled in the applicant’s favour, partly set aside the tribunal’s decision, and awarded the applicant costs. The appeal court remitted to the tribunal the issue of the Crown’s breach of its pre and post-surrender fiduciary duties for redetermination. The tribunal’s decision on the issues of this case could not stand, the appeal court said. The tribunal’s assessment of the issues was unreasonable, the appeal court added.

- Date: The hearing was set on June 29, 2023. The court released its decision on Jan. 12, 2024.

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

- Amount: No financial award was specified.