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31869

Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation, et al. v. Her Majesty the Queen in Right of Canada, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2009-09-21 Appeal closed
2009-09-21 Discontinuance of the bill of costs, (Letter Form), re.: parties have reach a settlement on taxation Her Majesty the Queen in Right of Canada
2009-09-11 Bill of costs, Completed on: 2009-09-11 Her Majesty the Queen in Right of Canada
2009-03-18 Record returned to the Registrar of the Court of Appeal
2009-02-16 Formal judgment sent to the registrar of the court of appeal and all parties
2009-02-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2009-02-13 Judgment on the appeal rendered, CJ LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-629-05, 2006 FCA 415, dated December 20, 2006, heard on May 22, 2008, is dismissed with costs.
Dismissed, with costs
2008-06-12 Transcript received, (153 pages)
2008-05-22 Judgment reserved OR rendered with reasons to follow
2008-05-22 Supplemental document, (Letter Form), Financial Administrtion Act - Part X (14 copies) Joint with 31875, Completed on: 2008-05-22 Lac Seul First Nation
2008-05-22 Intervener's condensed book, Submitted in Court (14 copies) Joint with 31875 Assembly of First Nations
2008-05-22 Intervener's condensed book, Submitted in Court (14 copies) Saddle Lake Indian Band and Stoney Indian Band
2008-05-22 Respondent's condensed book, Submitted in Court (14 copies) Joint with 31875 Her Majesty the Queen in Right of Canada
2008-05-22 Appellant's condensed book, Submitted in Court (14 copies) Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2008-05-22 Acknowledgement and consent for video taping of proceedings, From all parties
2008-05-22 Hearing of the appeal, 2008-05-22, CJ LeB De F Abe Cha Ro
Judgment reserved
2008-05-21 Supplemental document, SUPPLEMENTAL authorities - 14 copies submitted on the bench (joint with 31875), Completed on: 2008-05-21 Assembly of First Nations
2008-05-21 Correspondence received from, James O'Reilly dated May 21, 2008. Re: Erratum in factum and two new authorities (Submitted on the bench- 14 copies) Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2008-05-20 Respondent's record, SUPPLEMENTAL (joint with 31975), Completed on: 2008-05-20 Her Majesty the Queen in Right of Canada
2008-05-15 Supplemental document, (sent to bench May 16/08), Completed on: 2008-05-16 Samson Indian Band and Nation
2008-05-15 Correspondence received from, Mr. Hunter re: does not oppose the filing of the appellant supplemental record. Her Majesty the Queen in Right of Canada
2008-05-08 Notice of appearance, Jack London and Bryan Schwartz will be present at the hearing. Assembly of First Nations
2008-05-06 Notice of appearance, James O'Reilly, Edward Molstad, Marco Poretti, Douglas Rae, Nathan Whitling and David Sharko will be present at the hearing. Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2008-05-02 Intervener's book of authorities, Joint with 31875 (3 volumes), Completed on: 2008-05-02 Attorney General of Ontario
2008-05-02 Intervener's factum - AG on constitutional question, CD missing - Rec'd on May 21, 2008 (Joint with 31875), Completed on: 2008-05-21 Attorney General of Ontario
2008-05-02 Intervener's book of authorities, Joint with 31875, Completed on: 2008-05-02 Attorney General of Alberta
2008-05-02 Intervener's factum - AG on constitutional question, Joint with 31875, Completed on: 2008-05-02 Attorney General of Alberta
2008-05-02 Order by, Cha, FURTHER TO THE ORDER dated April 14, 2008, granting leave to intervene to the Assembly of First Nations, the Lac Seul First Nation and the Saddle Lake Indian Band and Stoney Indian Band;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted
2008-05-01 Intervener's factum - AG on constitutional question, Joint with 31875, Completed on: 2008-05-01 Attorney General of Quebec
2008-05-01 Intervener's factum, Completed on: 2008-05-01 Lac Seul First Nation
2008-05-01 Intervener's book of authorities, (Joint with 31875), Completed on: 2008-05-01 Attorney General of Quebec
2008-05-01 Intervener's book of authorities, Completed on: 2008-05-01 Saddle Lake Indian Band and Stoney Indian Band
2008-05-01 Intervener's factum, as per Charron J.'s order dated Apr. 14/08, Completed on: 2008-05-01 Saddle Lake Indian Band and Stoney Indian Band
2008-05-01 Intervener's book of authorities, Completed on: 2008-05-01 Assembly of First Nations
2008-05-01 Intervener's factum, as per Charron J's Order dated Apr. 14/08 (Joint with 31875), Completed on: 2008-05-01 Assembly of First Nations
2008-04-28 Notice of appearance, Sylvain Leboeuf and Monique Rousseau will be present at the hearing. Attorney General of Quebec
2008-04-15 Notice of appearance, Mitchell Taylor, Michele Annich and Clarke Hunter will be present at the hearing. Her Majesty the Queen in Right of Canada
2008-04-14 Order on motion for leave to intervene, (BY CHARRON J.)
2008-04-14 Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Assembly of First Nations and Lac Seul First Nation for leave to intervene in both appeals, Chief Victor Buffalo (31869) and Chief John Ermineskin (31875);
AND UPON APPLICATION by Saddle Lake Indian Band and the Stoney Indian Band for leave to intervene in the appeal Chief Victor Buffalo (31869);
The motions for leave to intervene of the applicants, Assembly of First Nations and Lac Seul First Nation, are granted and the applicants shall each be entitled to serve and file a single factum for both appeals not to exceed 20 pages in length on or before May 1, 2008.
The motion for leave to intervene of the applicant, Saddle Lake Indian Band and the Stoney Indian Band, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2008.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2008-04-14 Submission of motion for leave to intervene, Cha
2008-04-09 Notice of withdrawal Attorney General of Newfoundland and Labrador
2008-04-03 Respondent's book of authorities, (joint with 31875 - Vol. I and II - service rec'd Apr. 11/08), Completed on: 2008-04-14 Her Majesty the Queen in Right of Canada
2008-04-03 Respondent's record, (joint with 31875 - Vol. I to XXXII and 1 vol. general table of content - service rec'd Apr. 11/08), Completed on: 2008-04-14 Her Majesty the Queen in Right of Canada
2008-04-03 Respondent's factum, (service rec'd Apr. 11/08 - joint with 31875), Completed on: 2008-04-14 Her Majesty the Queen in Right of Canada
2008-04-03 Appeal perfected for hearing
2008-03-25 Reply to the motion for leave to intervene, (bookform), Completed on: 2008-03-25 Saddle Lake Indian Band and Stoney Indian Band
2008-03-25 Reply to the motion for leave to intervene, Completed on: 2008-03-25 Lac Seul First Nation
2008-03-17 Response to the motion for leave to intervene, (3 copies)-(Service missing-rec'd April 2/08), Completed on: 2008-04-02 Her Majesty the Queen in Right of Canada
2008-03-17 Response to the motion for leave to intervene, (Letter Form), (joint with 31875), Completed on: 2008-03-17 Her Majesty the Queen in Right of Canada
2008-03-17 Response to the motion for leave to intervene, (Letter Form), (3 copies), Completed on: 2008-03-17 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2008-03-07 Motion for leave to intervene, (bookform), Completed on: 2008-03-07 Saddle Lake Indian Band and Stoney Indian Band
2008-03-07 Motion for leave to intervene, (bookform) (New covers & amended Notice rec'd March 17/08), Completed on: 2008-03-07 Assembly of First Nations
2008-03-05 Motion for leave to intervene, (bookform) (joint with 31875), Completed on: 2008-03-05 Lac Seul First Nation
2008-03-04 Correspondence (sent by the Court) to, all parties re: Justice Binnie recuses himself from the hearing (joint with 31875)
2008-02-28 Notice of hearing sent to parties
2008-02-28 Appeal hearing scheduled, 2008-05-22
Judgment reserved
2008-02-15 Correspondence received from, P. Mitch McAdam dated Feb. 15/08 re: withdraws as an intervener under rule 22(3)(c)(i) and will not be participating in this appeal Attorney General for Saskatchewan
2008-02-07 Appellant's book of authorities, (Vol. 1 to 10 - service rec'd Feb. 8/08), Completed on: 2008-02-08 Samson Indian Band and Nation
2008-02-07 Appellant's record, (Vol. 1 to 15 - service rec'd Feb. 8/08), Completed on: 2008-02-08 Samson Indian Band and Nation
2008-02-07 Appellant's factum, (service rec'd Feb. 8/08), Completed on: 2008-02-08 Samson Indian Band and Nation
2008-01-24 Correspondence received from, Henry S. Brown, Q.C. dated Jan. 23/08 re: consent to the Crown's letter of Jan. 14/08 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2008-01-18 Correspondence received from, Henry S. Brown, Q.C. dated Jan. 17/08 in response to Mr. Rupar's letter of Jan. 9/08 (joint with 31875) Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2008-01-14 Correspondence received from, W. Clarke Hunter dated Jan. 14/08 re: preparation of factum and record (by fax)(joint with 31875) Her Majesty the Queen in Right of Canada
2008-01-14 Appeal court record, (17 boxes + 1 box joint with 31875)
2008-01-09 Correspondence received from, C. Rupar dated Jan. 9/07 (by fax) re: enclosing Form 25C (joint with 31875) Her Majesty the Queen in Right of Canada
2007-12-07 Notice of intervention respecting a constitutional question Attorney General of Newfoundland and Labrador
2007-12-07 Notice of intervention respecting a constitutional question Attorney General of Ontario
2007-12-06 Notice of intervention respecting a constitutional question Attorney General of Quebec
2007-11-30 Notice of intervention respecting a constitutional question Attorney General of Alberta
2007-11-14 Order on motion to directions, (BY THE CHIEF JUSTICE)
2007-11-14 Decision on motion for directions, CJ, UPON APPLICATION by the appellants for directions and case management orders concerning the conduct of these appeals;
AND HAVING READ the material filed and requests of the parties;
IT IS HEREBY ORDERED THAT:
1) The appellants shall each be permitted to serve and file factums not exceeding 80 pages in length.
2) The respondents shall be permitted to serve and file a single factum not exceeding 120 pages in length responding to both appeals.
3) The appellants and respondents are not permitted to file reply factums.
4) The appellants and the respondents may have up to three counsel address the Court.
5) These appeals shall be heard together May 22 and 23, 2008, with counsel proceeding in the following order:
a) The appellants in the Samson appeal are allowed one (1) hour in total for oral argument;
b) The appellants in the Ermineskin appeal are allowed one (1) hour in total for oral argument;
c) Any intervener who supports the appellants and has the right to present oral argument;
d) The respondents are allowed two (2) hours in total for oral argument;
e) The Attorneys General and Ministers of Justice are each allowed 15 minutes for oral argument;
f) Any intervener who supports the respondents and has the right to present oral argument;
g) The appellants in the Samson appeal are allowed 15 minutes for reply; and
h) The appellants in the Ermineskin appeal are allowed 15 minutes for reply.
Allowed in part
2007-11-14 Reply to motion for directions, (Letter Form), from James O'Reilly dated Nov. 9/07, Completed on: 2007-11-14 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-11-09 Response to motion for directions, (Letter Form), from Sandra C.M. Folkins dated Nov. 8/07 (Joint with 31875), Completed on: 2007-11-09 Attorney General of Alberta
2007-11-09 Notice of constitutional question(s) Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-11-08 Submission of motion for directions, CJ
2007-11-08 Response to motion for directions, (Letter Form), from P. Mitch McAdam dated Nov. 7/07, Completed on: 2007-11-08 Attorney General for Saskatchewan
2007-11-08 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2007-11-08 Correspondence received from, James O'Reilly dated Nov. 5/07 re: timetable Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-11-07 Decision on the motion to state a constitutional question, CJ, 1. Are s. 2 (definition of “Indian moneys”) and ss. 61 to 68 of the Indian Act, R.S.C. 1985, c. I-5 and amendments, Orders-in-Council P.C. 1969-1934 and P.C. 1981-3/255, and s. 2(1) (definition of “public money”) and ss. 17 and 21 of the Financial Administration Act, R.S.C. 1985, c. F-11 and amendments, in whole, in part or through their combined effect, inconsistent with the written and oral terms of Treaty No. 6, and therefore of no force or effect or application to the appellants by virtue of ss. 35(1) and 52 of the Constitution Act, 1982?
2. Do s. 2 (definition of “Indian moneys”) and ss. 61 to 68 of the Indian Act, R.S.C. 1985, c. I-5 and amendments, Orders-in-Council P.C. 1969-1934 and P.C. 1981-3/255, and s. 2(1) (definition of "public money") and ss. 17 and 21 of the Financial Administration Act, R.S.C. 1985, c. F-11 and amendments, in whole, in part or through their combined effect, infringe s. 15 of the Canadian Charter of Rights and Freedoms?
3. If the answer to question 2 is yes, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
4. Are s. 39 of the Federal Court Act, R.S.C. 1985, c. F-7, s. 38 of the Federal Court Act, R.S.C. 1970, c. 10 (2nd Supp.), s. 32 of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50 and amendments, s. 19 of the Crown Liability Act, R.S.C. 1970, c. 38, s. 4(1) of the Limitation of Actions Act, R.S.A. 1980, c. L-15 and s. 5(1) of the Limitation of Actions Act, R.S.A. 1970, c. 209, in whole, in part or through their combined effect, inconsistent with the written and oral terms of Treaty No. 6 and therefore of no force or effect or application to the appellants by virtue of ss. 35(1) and 52 of the Constitution Act, 1982?
IT IS FURTHER ORDERED THAT:
1. The appellants shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from.
2. The appellants’ factum, record and book of authorities shall be served and filed on or before February 8, 2008.
3. The respondent’s factum, record and book of authorities shall be served and filed on or before April 4, 2008.
4. Any notices of intervention relating to the constitutional questions shall be served and filed on or before December 7, 2007.
5. Any person interested in applying for leave to intervene shall serve and file their motion on or before March 7, 2008.
6. Any interveners under Rule 55 or Rule 61 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before May 2, 2008.
7. Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellants any additional disbursements occasioned to the appellants by their intervention.
8. The appeal is scheduled to be heard on May 22 and 23, 2008.
Granted
2007-11-05 Response to motion for directions, (Letter Form), from Michele Annich dated Nov. 5/07 (joint with 31875), Completed on: 2007-11-05 Her Majesty the Queen in Right of Canada
2007-11-05 Motion for directions, concerning the conduct of the appeal, timelines, increase of page limits of the factum, filing of a reply factum etc. (joint with 31875), Completed on: 2007-11-06 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-11-02 Correspondence received from, Mitchell Taylor dated Nov. 2/07 re: counsel for the respondents in both appeals (with 31875) Her Majesty the Queen in Right of Canada
2007-11-01 Correspondence received, Mrs Morellato dated Oct. 31 re: consent to Mr. O'Reilly proposal
2007-10-31 Correspondence received from, James O'Reilly, dated Oct. 31/07; re: case management order in these appeals Samson Indian Band and Nation
2007-10-19 Submission of motion to state a constitutional question, CJ
2007-10-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2007-10-12 Reply to the motion to state a constitutional question, Completed on: 2007-10-12 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-10-05 Response to the motion to state a constitutional question, Completed on: 2007-10-05 Her Majesty the Queen in Right of Canada
2007-09-28 Motion to state a constitutional question, Completed on: 2007-09-28 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-09-06 Notice of appeal, Completed on: 2007-09-07 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-08-31 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-08-31 Judgment on leave sent to the parties
2007-08-30 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-629-05, 2006 FCA 415, dated December 20, 2006, is granted with costs to the applicants in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2007-05-28 All materials on application for leave submitted to the Judges, CJ Cha Ro
2007-03-26 Applicant's reply to respondent's argument, (1 copy missing - rec'd March 29/07), Completed on: 2007-04-04 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-03-15 Book of authorities Her Majesty the Queen in Right of Canada
2007-03-15 Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2007-03-15 Her Majesty the Queen in Right of Canada
2007-03-13 Respondent's response on the application for leave to appeal, (Letter Form), Not filing a response, Completed on: 2007-03-13 Attorney General of Alberta
2007-03-08 Respondent's response on the application for leave to appeal, (Letter Form), from P. M. McAdam dated March 7, 2007 (fax copy) re: will not be making any submission in response to the leave application, Completed on: 2007-03-08 Attorney General for Saskatchewan
2007-02-16 Letter acknowledging receipt of an incomplete application for leave to appeal
2007-02-15 Book of authorities Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation
2007-02-15 Application for leave to appeal, (CA Order - rec'd. Feb. 20/07) and (TC Order - rec'd. Feb. 20/07) (Vols. I, II & III), Completed on: 2007-02-20 Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation Appellant Active
Samson Indian Band and Nation Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada Respondent Active
Minister of Indian Affairs and Northern Development and Minister of Finance Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Alberta Intervener Active
Saddle Lake Indian Band and Stoney Indian Band Intervener Active
Assembly of First Nations Intervener Active
Lac Seul First Nation Intervener Active

Counsel

Party: Chief Victor Buffalo acting on his own behalf and on behalf of all the other members of the Samson Indian Band and Nation

Counsel
James A. O'Reilly, Ad.E.
Edward Molstad, Q.C.
Marco Poretti
L. Douglas Rae
Narhan Whitling
O'Reilly & associés
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Samson Indian Band and Nation

Counsel
James A. O'Reilly, Ad.E.
O'Reilly & associés
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Her Majesty the Queen in Right of Canada

Counsel
Mitchell R. Taylor, Q.C.
Michele E. Annich
W. Clarke Hunter, Q.C.
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Minister of Indian Affairs and Northern Development and Minister of Finance

Counsel
Mitchell R. Taylor, Q.C.
Michele Annich
W. Clarke Hunter
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Alberta

Counsel
Stanley H. Rutwind, Q.C.
Sandra Folkins
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
FAX: (780) 425-0307
Email: stan.rutwind@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Attorney General of Quebec

Counsel
Sylvain Leboeuf
Monique Rousseau
Procureur général du Québec
1200, route de l'Église, 2ème Étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: sleboeuf@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Attorney General of Ontario

Counsel
E. Ria Tzimas
Attorney General of Ontario
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4930
FAX: (416) 326-4181
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Lac Seul First Nation

Counsel
Joseph Eliot Magnet
William Major
357 - 57 Louis Pasteur St.
P.O. Box 450, Stn. A
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3315
FAX: (613) 562-5124
Email: jmagnet@uottawa.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Assembly of First Nations

Counsel
Jack R. London, C.M., Q.C.
Bryan P. Schwartz
Pitblado
2500 - 360 Main Street
Winnipeg, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Email: london@pitblado.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Saddle Lake Indian Band and Stoney Indian Band

Counsel
W. Tibor Osvath
Rae and Company
2910, 715 - 5th Avenue S.W.
Calgary, Alberta
T2P 2X6
Telephone: (403) 264-8389
FAX: (403) 264-8399
Email: tosvath@raeandcompany.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Right to equality - Discrimination - Aboriginal law - Constitutional law - Aboriginal peoples - Aboriginal rights - Fiduciary duty - Indian bands - Treaties - Action by Indian band for interest on royalties generated by commercial exploration of an oil and gas field under the reserve which had been surrendered to the Crown - Action dismissed - What is the nature and scope of the responsibilities of the Crown and particularly its trust or fiduciary obligations, in respect to its management of the moneys of Indian bands? - Whether the Crown’s obligations as trustee substantially different from the obligations of a common law trustee - Whether the Treaty gives rise to common law trust obligations and whether the provisions of sections 61 to 68 of the Indian Act and Orders-in-Council under section 61(2) thereof infringe or are inconsistent with the constitutionalized treaty rights of the Indian parties to Treaty No. 6 - Whether section 15 of the Canadian Charter of Rights and Freedoms protects only “personal rights” as distinct from the collective or communal rights of First Nation members - Whether the requirements for a claim for unjust enrichment can be met - What is the duty of the Crown to consult with the Appellants? - Canadian Charter of Rights and Freedoms, s. 15.

The Appellants commenced an action against the Crown respecting its management of royalties and interest on those royalties from an oil and gas field underlying the Pigeon Lake Reserve. The Appellants submitted that the Crown breached trust obligations relating to the control and management of their moneys. The action against the Crown was dismissed on the basis that the Crown met all of its obligations as trustee of the Appellants’ royalties. A majority of the Federal Court of Appeal dismissed the appeals.

Lower court rulings

November 30, 2005
Federal Court of Canada, Trial Division

T-1254-92, 2005 FC 1623, T-2022-89, 2005 269 F.T.R.

See file
December 20, 2006
Federal Court of Appeal

A-629-05, 2006 FCA 415

See file

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13