Applicant
Respondent
- Parties: The applicant was Saulteaux First Nation. The respondent was His Majesty the King in Right of Canada as represented by the Minister of Crown-Indigenous Relations.
- Subject Matter: This judicial review application related to the applicant’s 1960 surrender of 207 acres of Jackfish Lake waterfront lands on Indian Reserve Number 159 in Saskatchewan, in exchange for 4,970 acres of provincial Crown land near Birch and Helene Lakes and $20,000. The applicant argued that the Crown failed to meet its pre-surrender fiduciary obligation and should have withheld its consent or at least guaranteed a minimal impairment of the applicant’s interest in the reserve land. The Specific Claims Tribunal ruled that the applicant’s understanding of the surrender’s terms was adequate, that the surrender did not constitute an exploitative bargain, and that Canada was not required to ensure minimal impairment of the applicant’s interests in the reserve land in the context of the 1960 surrender.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application with costs. The appeal court held that the Tribunal made no reviewable error justifying intervention. The appeal court noted that most of the arguments raised by the applicant amounted to a mere disagreement with the Tribunal’s assessment of the evidence.
- Date: The hearing was set on Apr. 18, 2024. The court released its decision on May 29, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-45-23Practice Area
Aboriginal lawAmount
$ 0Winner
RespondentTrial Start Date
16 February 2023Download documents