[2016] 3 F.C.R. D-9
Aboriginal Peoples
Judicial review of Specific Claims Tribunal Canada decision (2014 SCTC 3) dated February 28, 2014 holding that respondent validly establishing specific claims against Canada under Specific Claims Tribunal Act, S.C. 2008, c. 22, ss. 14(1)(b),(c) — Act, s. 14(2) explaining that, for specific claims under ss. 14(1)(a),(b),(c), “the Crown” may include Sovereign of Great Britain, colonies thereof — However, where claim relating to legal obligation to be performed in area not within Canada’s boundaries at the time, “the Crown” only meaning Sovereign of Great Britain, colonies thereof to extent legal obligation or any liability relating to its breach or non-fulfilment becoming responsibility of the Crown in right of Canada — Tribunal finding Canada liable under s. 14(1)(b) for breaches of legislation, fiduciary duty by colony, liable under s. 14(1)(c) for breach of fiduciary duty by Canada — Determinative issue whether Canada’s actions subsequent to British Columbia’s entry into Confederation remedying any possible earlier breaches by colony, fulfilling any possible fiduciary duty owed to respondents on part of Canada — Duty by Canada to act honourably, fairly, discharged herein — Error for Tribunal to conclude subsequent actions of Canada not remedying any possible breach of fiduciary duty owed to respondent before 1871 — Act, s. 14(2) not providing separate ground upon which to claim compensation with respect to colony — Rather, s. 14(2) providing that for purposes of applying ss. 14(1)(a),(b),(c), reference to Crown including former colony, stating that any liability relating to former colony’s breach or non-fulfillment of ss. 14(1)(a),(b),(c) existing only “to the extent” becoming responsibility of Crown in right of Canada — In this case, Canada’s subsequent actions through allotment of Allotment Lands in 1881, accepted by respondent, remedying any possible earlier breach by former colony —Therefore, no liability established which could become responsibility of Crown in right of Canada — Application allowed; specific claim dismissed.
Canada (Aboriginal Affairs and Northern Development) v. Williams Lake Indian Band (A-168-14, 2016 FCA 63, Near J.A., judgment dated February 29, 2016, 46 pp.)