Canada Case Law

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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National Indigenous Fisheries Institute v. Canada (Fisheries and Oceans)

Court

Federal Court

The Federal Court dismissed NIFI’s motion for an extension of time and an interlocutory injunction, finding the termination was contractual, not reviewable, and awarding solicitor-client costs.

• Extension of time
• Interlocutory injunction
• Judicial review jurisdiction
• Honour of the crown
• Ai-generated material / hallucinations
• Costs (solicitor-and-client)

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Gitxaala v. British Columbia (Chief Gold Commissioner)

Court

British Columbia Court of Appeal

The Court of Appeal addressed the legal effect of BC’s Declaration Act and UNDRIP in challenges to the mineral claims regime and the duty to consult.

• Undrip implementation
• Declaration act interpretation
• Duty to consult
• Honour of the crown
• Justiciability
• Presumption of conformity

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Peigan v. Canada (the King)

Court

Federal Court

The Federal Court partly granted Saskatchewan’s motion to strike. It held the court may hear contractual TLE issues, but struck jurisdictionally improper allegations and Canada’s release-based claim.

• Treaty land entitlement
• Honour of the crown
• Duty of good faith
• Motion to strike
• Jurisdictional limits
• Release provisions (article 15)

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Rural Municipality of Dundurn No.314 v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a proposed class action certification motion by the Rural Municipality of Dundurn, finding no identifiable class and no preferable procedure.

• Certification
• Standing
• Privity of contract
• Principled exception to privity
• Public nuisance
• Procedural fairness

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Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town)

Court

Court of Appeal for Ontario

The Court of Appeal upheld the trial judge's interpretation that Treaty 72 contemplated the Disputed Beach (Chi-Gmiinh) as unsurrendered reserve land and affirmed the declaration that the Disputed Beach forms part of Saugeen Reserve No.29 and that the Imperial Crown and Canada breached honour and fiduciary duties; the Court rejected appellants' challenges to treaty interpretation and factual findings, found the trial judge erred in law by barring heirs from invoking the bona fide purchaser defence but deferred to her equitable balancing in denying the defence on the facts, denied leave to app…

Source excerpt

• Treaty interpretation (treaty 72)
• Reserve boundaries and title
• Honour of the crown
• Fiduciary duty of the crown
• Bona fide purchaser for value defence
• Pre-confederation liability allocation

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Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan

Court

Supreme Court of Canada

The Supreme Court held that Quebec breached good faith and the honour of the Crown by refusing to renegotiate funding for an Indigenous police force.

• Honour of the crown
• Good faith in contract performance
• Remedies and damages
• Contract renewal negotiations
• Indigenous policing funding
• Fiduciary obligations

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Ontario (Attorney General) v. Restoule

Court

Supreme Court of Canada

The Supreme Court interpreted the Robinson Treaties’ augmentation promise, found no fiduciary duty, held the Crown breached its duty of diligent implementation, and set a remedial path.

• Augmentation clause
• Honour of the crown
• Standard of appellate review
• Fiduciary duty
• Duty of diligent implementation
• Limitations of actions

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Little Black Bear First Nation v. Kawacatoose First Nation

Court

Federal Court of Appeal

The Tribunal reasonably interpreted PC 1151 by determining Crown intent from the documentary record (notably surveyor Nelson's surveys and Department records) and concluded the Crown intended IR 80A for the Kawacatoose group and Standing Buffalo but not the File Hills Bands; the Federal Court of Appeal dismissed the judicial review on the basis that the Tribunal’s decision was reasonable and entitled to deference under Vavilov.

Source excerpt

• Reserve creation
• Interpretation of order in council
• Oral history evidence
• Honour of the crown
• Standing
• Reasonableness review

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Association of Iroquois and Allied Indians v. Ontario

Association of Iroquois and Allied Indians v. Ontario (Environment, Conservation and Parks)

Court

Court of Appeal for Ontario

The appeal is dismissed because (1) Mikisew Cree #2 precludes finding a duty to consult arising from the law‑making process for Bill 197; and (2) the revocation of MNR‑75 did not trigger a duty to consult as most protective planning conditions were retained in the legally binding Forest Management Planning Manual or other statutory instruments and the alleged adverse effects from removal of MECP oversight and Condition 56 were too speculative and lacked the required causal connection to s.35 rights.

Source excerpt

• Duty to consult
• Honour of the crown
• Environmental assessment
• Forest management regulation
• Judicial review

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