Buffalo v. Canada

Buffalo v. Canada

The Crown is a trustee of the royalty moneys but its duties and the manner of management are governed and constrained by statute (Indian Act, Financial Administration Act, Indian Oil and Gas Act) and Orders‑in‑Council; the Indian moneys are public money deposited in the Consolidated Revenue Fund and interest set by Governor in Council; Samson failed to establish an aboriginal/treaty/inherent right to control the funds or aboriginal title sufficient to displace the statutory regime; no breach of trust or unjust enrichment was established; therefore the action is dismissed though the Court set conditions under which a transfer of funds may be effected by the Minister.

Citation
2005 FC 1622
Parties
Plaintiffs: Chief Victor Buffalo and the Samson Indian Band and Nation; Defendants: Her Majesty the Queen in Right of Canada; Minister of Indian Affairs and Northern Development; Minister of Finance; Intervenor: Chief Jerome Morin (acting) on behalf of Enoch’s Band and residents of Stony Plain Reserve No. 135; Intervenors: Emily Stoyka and Sara Schug
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 November 2005
Procedural Posture
Civil Aboriginal/treaty/trust Litigation (federal Court) / Trial Concluded; Reasons for Judgment (phases One: General & Historical; Two: Money Management)
Outcome
Action dismissed against Crown; no liability for mishandling Indian moneys; Court ordered conditional procedural pathway for transfer of capital funds to Samson subject to conditions
Legal Topics
Self Government, Indian Moneys/royalties, Crown Fiduciary Duty, Oral History Evidence, Interest Rate Methodology, Unjust Enrichment, Indian Act Ss.61 68 and S.17, 1946 Mineral Surrender, Transfer of Trust Funds
Source Language
English
Aboriginal Law Treaty Interpretation Trust and Fiduciary Law Constitutional Law Administrative Law Evidence Law Oil and Gas Law Public Finance +9 more

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Parties

Chief Victor Buffalo and the Samson Indian Band and Nation

Plaintiffs

Her Majesty the Queen in Right of Canada; Minister of Indian Affairs and Northern Development; Minister of Finance

Defendants

Chief Jerome Morin (acting) on behalf of Enoch’s Band and residents of Stony Plain Reserve No. 135

Intervenor

Emily Stoyka and Sara Schug

Intervenors

Procedural Posture

Civil Aboriginal/treaty/trust Litigation (federal Court) / Trial Concluded; Reasons for Judgment (phases One: General & Historical; Two: Money Management)

Legal Issues

  1. 1 Whether Treaty 6 or historical relations created a Crown trust/fiduciary duty over Samson royalty moneys
  2. 2 Whether Samson has an aboriginal, treaty or inherent right of self-government to control its capital and revenue moneys
  3. 3 Whether ss.61-68 and s.17 of the Indian Act and the Financial Administration Act unjustifiably infringe any protected rights

Ratio Decidendi

The Crown is a trustee of the royalty moneys but its duties and the manner of management are governed and constrained by statute (Indian Act, Financial Administration Act, Indian Oil and Gas Act) and Orders‑in‑Council; the Indian moneys are public money deposited in the Consolidated Revenue Fund and interest set by Governor in Council; Samson failed to establish an aboriginal/treaty/inherent right to control the funds or aboriginal title sufficient to displace the statutory regime; no breach of trust or unjust enrichment was established; therefore the action is dismissed though the Court set conditions under which a transfer of funds may be effected by the Minister.

Court Disposition

Action dismissed against Crown; no liability for mishandling Indian moneys; Court ordered conditional procedural pathway for transfer of capital funds to Samson subject to conditions

Orders

  • Each party to bear its own costs