Watson v. Canada
- Citation
- 2020 FC 128
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 28 January 2020
- Posture
- Civil Aboriginal/treaty Claim / First Phase Judgment
- Language
- English
More details
- Court
- Federal Court
- Decision
- 28 January 2020
- Posture
- Civil Aboriginal/treaty Claim / First Phase Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
PlaintiffSharon Bear
PlaintiffCharlie Bear
PlaintiffWinston Bear
PlaintiffSheldon Watson
PlaintiffWesley Bear
PlaintiffFreida Sparvier
PlaintiffJanet Henry
PlaintiffFreda Allary
PlaintiffRobert George
PlaintiffAudrey Isaac
PlaintiffShirley Flamont
PlaintiffKelly Manhas
PlaintiffMavis Bear
PlaintiffMichael Kenny
PlaintiffChacachas Indian Band (members represented by heads of family)
PlaintiffKakisiwew Indian Band (members represented by named plaintiffs)
PlaintiffHer Majesty the Queen in Right of Canada
DefendantThe Minister of Indian and Northern Affairs Canada
DefendantThe Ochopowace First Nation No. 71
DefendantAmounts and remedies
- Days to Contact Court: 90
03
Procedural history
Posture
Civil Aboriginal/treaty Claim / First Phase Judgment
04
Questions and positions
Legal issues
- 01
Whether the amalgamation of the Chacachas and Kakisiwew Bands was lawful
- 02
Whether the federal Crown failed to implement the promises of Treaty 4 in accordance with the honour of the Crown
- 03
Entitlement to costs
- 04
Procedure for next phase of litigation
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 28 January 2020
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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