Applicant
Respondent
- Parties: The applicant was Little Black Bear First Nation. The respondents were Kawacatoose First Nation, Pasqua First Nation, Piapot First Nation, Muscowpetung First Nation, George Gordon First Nation, Muskowekwan First Nation, Day Star First Nation, Star Blanket First Nation, Standing Buffalo Dakota First Nation, Peepeekisis First Nation, and His Majesty the King in Right of Canada.
- Subject Matter: The Specific Claims Tribunal decided that – of the 11 First Nations alleging that they were beneficiaries of Indian Reserve No. IR 80A as Indians of the Touchwood Hills or of the Qu’Appelle Valley – eight of them were beneficiaries. The applicants in the cases of A-303-19 and A-328-19, who were among the First Nations denied beneficiary status, sought judicial review of the Tribunal’s decision. The issue was whether the appeal court should set aside the decision insofar as it excluded the applicants from the class of beneficiaries.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed the judicial review applications. The appeal court concluded that the applicants failed to establish that the decision was unreasonable. The appeal court did not accept the applicants’ arguments that the Tribunal erred by misunderstanding the evidence and the agreed issues and by failing to apply principles stemming from the Crown’s honour.
- Date: The hearing was set on Sept. 26, 2023. The court released its decision on July 12, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded costs in an unspecified amount.
Court
Federal Court of AppealCase Number
A-303-19Practice Area
Aboriginal lawAmount
$ 0Winner
RespondentTrial Start Date
29 August 2019Download documents