Appellant
Respondent
- Parties: The appellant was the Attorney General of Quebec. The respondent was Pekuakamiulnuatsh Takuhikan.
- Subject Matter: From 2013–17, the government funding provided for in certain agreements proved inadequate on its own to ensure the maintenance of an Indigenous police force, the Sécurité publique de Mashteuiatsh (SPM), which incurred an operating deficit at the fiscal year’s end. The respondent had to assume deficits totalling $1,599,469.95. The trial judge dismissed the respondent’s application claiming reimbursement of the accumulated deficits from the governments of Canada and Quebec. The appeal court set aside the trial judgment.
- Ruling: The court ruled in the respondent’s favour and dismissed the appeal. But the court dismissed the respondent’s motion to adduce new evidence for being moot. Quebec’s intransigent attitude at the stage of renewing the tripartite agreements undermined the parties’ relationship, the court said. That attitude benefited Quebec but harmed the respondent in financial terms and in terms of the quality of policing and its dignity, the court added. By imposing a difficult choice on the respondent, Quebec did not deal with it on an equal footing and did not act in a spirit of cooperation and respect, the court concluded.
- Date: The court released its decision on Nov. 27, 2024.
- Venue: This was a case before the Supreme Court of Canada.
- Amount: The court awarded costs for the appeal and no costs for the motion. The court refused the respondent’s request for costs on a solicitor-client basis.
Court
Supreme Court of CanadaCase Number
40619Practice Area
Aboriginal lawAmount
$ 0Winner
RespondentTrial Start Date
13 February 2023Download documents