Canada Case Law

Nicholas v. Attorney General (Canada)

Court

Supreme Court of British Columbia

After weighing the Descheneaux factors the court concluded Canada did not meet the heavy burden to justify a six‑month extension: although there has been legislative movement and ISC administrative steps, the legislative path and timetable remain uncertain, concrete harm to some BC residents would result from further delay, and ISC mitigation does not justify prolonging the suspension; accordingly the application to extend the suspension was dismissed and only the brief interim extension remains in effect.

Source excerpt

• Charter s.15 equality
• Declaration of invalidity
• Suspension of declaration
• Indian act s.6(1)
• Legislative remedy and implementation

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R. v. Chief Dsta’hyl

Court

British Columbia Court of Appeal

The proposed excusatory defence based on acting pursuant to Wet'suwet'en law fails because the accused's disobedience of the injunction was not a last-resort choice and, in substance, constituted an impermissible collateral attack on a valid court order for which lawful alternatives existed; accordingly the trial judge did not err in refusing to recognize the defence.

Source excerpt

• Contempt of court
• Collateral attack doctrine
• Necessity defence
• Recognition of indigenous legal orders
• Oral history evidence

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Canada v. Chief Todd Peigan

Court

Federal Court of Appeal

The Federal Court properly applied the law on motions to strike, read the claim holistically, and correctly held that, assuming the pleadings' facts to be true, allegations that Saskatchewan failed to give favourable consideration, act in good faith, or perform the Settlement Agreement consistent with the honour of the Crown disclose arguable causes of action requiring evidence; there was no palpable and overriding error in declining to strike those portions of the claim, and the appeal is dismissed with costs.

Source excerpt

• Motions to strike
• Honour of the crown
• Duty of good faith
• Duty of honest performance
• Settlement agreement interpretation
• Discrimination

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Vincent c. Conseil de la Nation Huron-Wendat de Wendake

Court

Federal Court

Contrôle judiciaire rejeté : la Cour fédérale conclut que la résolution 7337 et le Règlement 2022-01 étaient valides et conformes à la procédure applicable.

• Judicial review of subordinate legislation
• By-law validity
• Procedural compliance
• Good faith
• Notice requirements
• Judicial-review

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Blenman v. Carry The Kettle Nakoda First Nation

Court

Federal Court

The Federal Court struck a mandamus application seeking disclosure of First Nation records, finding no pleaded public duty and no legal basis that could be cured by amendment.

• Mandamus
• Judicial review
• Motions to strike
• Access to information
• First nations financial transparency act
• Leave to amend

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Heywood v. Songhees Nation

Court

British Columbia Court of Appeal

The Court held the chambers judge palpably erred by misapplying the Stack test: the manufactured homes were sufficiently annexed and the object of annexation was to enhance long‑term residential use of the land, so the homes are fixtures and owners are not required to remove them; the unjust enrichment claim was dismissed because the Nation was not incontrovertibly enriched and, even if enriched, there was a juristic reason (real property law concerning fixtures), and the Nation's conduct (three years' notice, opportunity to remove) was not unconscionable.

Source excerpt

• Fixtures vs chattels
• Termination of tenancy on reserve lands
• Unjust enrichment
• Juristic reason
• Standard of review

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R. v. Maxwell

Court

Supreme Court of British Columbia

The court accepted the joint five‑year federal sentence because, applying Anthony‑Cook, the joint submission was on balance fit and not contrary to the public interest given the offender's extensive record, the aggravating facts of the instant offences, the Gladue report mitigation, and the agreed enhanced credit for pre‑sentence custody.

Source excerpt

• Break and enter
• Masking with intent
• Possession of stolen property
• Dangerous driving
• Dna order
• Weapons prohibition

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Poundmaker Cree Nation v Stonestand

Court

Federal Court

The Federal Court quashed a Poundmaker Cree Nation election appeal tribunal decision for jurisdictional error, procedural unfairness, and reasonable apprehension of bias.

• Procedural fairness
• Bias
• Jurisdiction
• Remedies
• Election appeals
• Procedural-fairness

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Bird v. Canada (Indigenous Services)

Court

Federal Court

The Federal Court held that section 12.02 of the Canoe Lake Cree First Nation Citizenship Law violated section 15, was not saved by sections 25 or 1, and was of no force or effect.

• Section 15 charter (equality)
• Section 25 charter (collective rights)
• Section 1 charter (oakes justification)
• Section 35(4) constitution act 1982
• First nation membership/citizenship
• Exhaustion of administrative remedies

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Glooscap First Nation v. Howard

Court

Supreme Court of Nova Scotia

The applicants proved a cause of action in trespass because the respondent exceeded and vitiated conditional, gratuitous consent, refused to comply with a reasonable cease‑and‑desist direction and continued unauthorized construction and commercial activity; alternative remedies were inadequate and equitable discretionary considerations did not bar relief (no fiduciary duty to the individual, no reliance on an illegal contract by the applicants); accordingly a permanent injunction protecting all Glooscap First Nation reserve lands, requiring removal of structures and prohibiting unauthorized c…

Source excerpt

• Trespass
• Permanent injunction
• Consent to occupation
• Fiduciary duty
• Illegality
• Lease negotiations

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