Canada Judgment

Federal Court

Watson v. Canada

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Source document

01

Holding and result

The amalgamation of the Chacachas and Kakisiwew Bands was unlawful because the federal Crown failed to implement the promises of Treaty 4 in accordance with the honour of the Crown, and accordingly the plaintiffs (and Ochopowace First Nation) are entitled to costs; the court will supervise next-phase procedures.

Court disposition

Declared the amalgamation unlawful for the Watson plaintiffs due to Crown failure to implement Treaty 4 consistent with the honour of the Crown; plaintiffs and Ochopowace First Nation awarded costs; court to oversee next phase.

Orders

  • The answers to the questions in the First Phase Order are the findings set forth in the Reasons for Judgment.
  • In respect of the Watson Plaintiffs, the amalgamation of the Chacachas and Kakisiwew Bands was unlawful due to the federal Crown's failure to implement the promises of Treaty 4 in accordance with the honour of the Crown.
  • The Plaintiffs and the Ochopowace First Nation No. 71 shall have their costs.
  • The parties shall contact the Court within 90 days of this Judgment to establish a process to consider costs and to establish the process for the next phase of this litigation.
  • The Court remains seized of this matter and the matter remains subject to the Court’s case management regime.

02

Material facts

Parties

Peter Watson

Plaintiff

Sharon Bear

Plaintiff

Charlie Bear

Plaintiff

Winston Bear

Plaintiff

Sheldon Watson

Plaintiff

Wesley Bear

Plaintiff

Freida Sparvier

Plaintiff

Janet Henry

Plaintiff

Freda Allary

Plaintiff

Robert George

Plaintiff

Audrey Isaac

Plaintiff

Shirley Flamont

Plaintiff

Kelly Manhas

Plaintiff

Mavis Bear

Plaintiff

Michael Kenny

Plaintiff

Chacachas Indian Band (members represented by heads of family)

Plaintiff

Kakisiwew Indian Band (members represented by named plaintiffs)

Plaintiff

Her Majesty the Queen in Right of Canada

Defendant

The Minister of Indian and Northern Affairs Canada

Defendant

The Ochopowace First Nation No. 71

Defendant

Amounts and remedies

  • Days to Contact Court: 90

03

Procedural history

  1. Posture

    Civil Aboriginal/treaty Claim / First Phase Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiffs argued that the amalgamation of the Chacachas and Kakisiwew Bands was unlawful because the federal Crown failed to implement the promises of Treaty 4 in accordance with the honour of the Crown and sought declarations and further process.
Respondent
The defendants (Canada and Ochopowace First Nation) maintained that the amalgamation and Crown conduct were lawful and that the plaintiffs were not entitled to the declarations or relief sought.

05

Court’s reasoning

  1. 01

    Common law; Treaty 4 principles

    The honour of the Crown requires that treaty promises be implemented faithfully and in accordance with the Crown's obligations to Indigenous peoples.

  2. 02

    Federal Courts jurisprudence and practice (Federal Courts Act/Rules)

    Federal courts have authority to grant declarations and to award costs and to manage ongoing multi-phase litigation.

06

Ratio, limits and disposition

Ratio decidendi

The amalgamation of the Chacachas and Kakisiwew Bands was unlawful because the federal Crown failed to implement the promises of Treaty 4 in accordance with the honour of the Crown, and accordingly the plaintiffs (and Ochopowace First Nation) are entitled to costs; the court will supervise next-phase procedures.

Court disposition

Declared the amalgamation unlawful for the Watson plaintiffs due to Crown failure to implement Treaty 4 consistent with the honour of the Crown; plaintiffs and Ochopowace First Nation awarded costs; court to oversee next phase.

  • The answers to the questions in the First Phase Order are the findings set forth in the Reasons for Judgment.
  • In respect of the Watson Plaintiffs, the amalgamation of the Chacachas and Kakisiwew Bands was unlawful due to the federal Crown's failure to implement the promises of Treaty 4 in accordance with the honour of the Crown.
  • The Plaintiffs and the Ochopowace First Nation No. 71 shall have their costs.
  • The parties shall contact the Court within 90 days of this Judgment to establish a process to consider costs and to establish the process for the next phase of this litigation.
  • The Court remains seized of this matter and the matter remains subject to the Court’s case management regime.

Source and reliance status

Federal Court · 28 January 2020

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Judgment text

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Source document

Federal Court

Judgment· 28 January 2020

2020 FC 128

Watson v. Canada Court (s) Database Federal Court Decisions Date 2020-01-28 Neutral citation 2020 FC 128 File numbers T-2153-00, T-2155-00 Decision Content Date: 20200128 Dockets: T-2153-00 T-2155-00 Citation: 2020 FC 128 Ottawa, Ontario, January 28, 2020 PRESENT: The Honourable Mr. Justice Phelan Docket: T-2153-00 BETWEEN: PETER WATSON, SHARON BEAR, CHARLIE BEAR, WINSTON BEAR and SHELDON WATSON, being the Heads of Family of the direct descendants of the Chacachas Indian Band, representing themselves and all other members of the Chacachas Indian Band Plaintiffs and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER

OF INDIAN AND NORTHERN AFFAIRS CANADA and THE OCHOPOWACE FIRST

NATION Defendants Docket: T-2155-00 BETWEEN: WESLEY BEAR, FREIDA SPARVIER, JANET HENRY, FREDA ALLARY, ROBERT GEORGE, AUDREY ISAAC, SHIRLEY FLAMONT, KELLY MANHAS, MAVIS BEAR and MICHAEL KENNY, on their own behalf and on behalf of all other members of the Kakisiwew Indian Band Plaintiffs and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER

OF INDIAN AND NORTHERN AFFAIRS and THE OCHOPOWACE FIRST NATION No. 71 Defendants

JUDGMENT FOR THE REASONS GIVEN, the Court adjudges and declares as follows: The answers to the questions set out in the First Phase Order are the findings set forth in the Reasons for Judgment. In respect of the Watson Plaintiffs, the amalgamation of the Chacachas and Kakisiwew Bands was unlawful by virtue of the failure of the federal Crown to implement the promises of Treaty 4 in accordance with the honour of the Crown. The Plaintiffs and the Ochapowace First Nation No. 71 shall have their costs. The parties shall contact the Court within 90 days of this Judgment to establish a process to consider costs and to establish the process for the next phase of this litigation. The Court remains seized of this matter and the matter remains subject to the Court’s case management regime. blank “Michael L. Phelan” blank Judge

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