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33880

Manitoba Métis Federation Inc., et al. v. Attorney General of Canada, et al.

(Manitoba) (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)
2015-03-06 Appeal closed
2015-03-06 Correspondence received from, counsel for the appellant stating that the parties have settled on the issue of costs. Manitoba Métis Federation Inc.
2013-03-12 Correspondence received from, Kathy L. Hodgson-Smith dated March 11/13 re: name on judgment Métis National Council
2013-03-11 Formal judgment sent to the registrar of the court of appeal and all parties
2013-03-11 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-03-08 Judgment on the appeal rendered, (Deschamps J. took no part in the judgment), CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI08-30-06872, 2010 MBCA 71, dated July 7, 2010, heard on December 13, 2011, is allowed in part. It is declared that the federal Crown failed to implement the land grant provision set out in s. 31 of the Manitoba Act, 1870, S.C. 1870, c. 3, in accordance with the honour of the Crown. The appellants are awarded their costs throughout. Rothstein and Moldaver JJ. are dissenting.
Allowed in part
2012-01-06 Correspondence received from, M.F. Major dated Jan 6, 2012 re: updated contact information Treaty One First Nations
2012-01-04 Correspondence received from, Marie-France Major, via fax, dated Jan.04, 2012, re.: updated contact information Treaty One First Nations
2012-01-03 Transcript received, (77 pages)
2011-12-13 Judgment reserved OR rendered with reasons to follow
2011-12-13 Respondent's condensed book, Submitted in Court - 14 copies Attorney General of Manitoba
2011-12-13 Respondent's condensed book, Submitted in Court - 14 copies Attorney General of Canada
2011-12-13 Appellant's condensed book, Submitted in Court - 14 copies Manitoba Métis Federation Inc.
2011-12-13 Acknowledgement and consent for video taping of proceedings, from all parties
2011-12-13 Hearing of the appeal, 2011-12-13, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2011-12-12 Correspondence (sent by the Court) to, Mr. Houston from the Deputy Registrar, dated Dec.12/11, sent by fax, Re: Court denied extra time for oral argument
2011-12-09 Correspondence received from, Robert E. Houston, dated Dec.9/11, by fax, Re: additional time for oral argument Manitoba Métis Federation Inc.
2011-12-09 Correspondence received from, Henry S. Brown, Q.C. by email dated Dec. 9/11 in response to Mr. Houston's letter Attorney General of Manitoba
2011-12-09 Supplemental document, Book of Authorities, Completed on: 2011-12-09 Manitoba Métis Federation Inc.
2011-12-09 Notice of appearance, Clement Chartier, Q.C. and Marc Leclair will be present at hearing Métis National Council
2011-12-06 Order on motion to file a reply factum on appeal, (BY DESCHAMPS J.)
2011-12-06 Decision on the motion to file a reply factum on appeal, De, UPON APPLICATION by the appellants for an order permitting the filing of a reply factum to the factums of the respondents;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2011-12-06 Notice of appearance, Ms. Jean Teillet and Mr. Arthur Pape will be present at hearing Métis Nation of Ontario
2011-12-05 Submission of motion to file a reply factum on appeal, De
2011-12-05 Reply to motion to file a reply factum on appeal, (Letter Form), From Thomas R. Berger, dated Dec. 2, 2011, Completed on: 2011-12-05 Manitoba Métis Federation Inc.
2011-12-01 Response to motion to file a reply factum on appeal, (Letter Form), From Sharlene Telles-Langdon, dated Dec. 1, 2011, Completed on: 2011-12-01 Attorney General of Canada
2011-11-30 Reply factum on appeal, To the Interveners' Factums, Completed on: 2011-11-30 Manitoba Métis Federation Inc.
2011-11-30 Response to motion to file a reply factum on appeal, (Letter Form), From Heather Leonoff, Q.C., dated Nov 30, 2011, Completed on: 2011-11-30 Attorney General of Manitoba
2011-11-29 Correspondence received from, Sharlene Telles-Langdon, dated Nov.29/11, by fax, Re: division of alloted time for respondents Attorney General of Canada
2011-11-28 Correspondence received from, B.-R. by email, re.: request for reserved seats at the hearing Métis Nation of Alberta
2011-11-28 Notice of appearance, Mitch McAdam will be present at the hearing. Attorney General of Saskatchewan
2011-11-28 Notice of appearance, Jeffrey R. W. Rath will be present at hearing Treaty One First Nations
2011-11-28 Notice of appearance, Jason Madden will be present at the hearing. Métis Nation of Alberta
2011-11-25 Motion to file a reply factum on appeal, to the Factums filed by the Respondents (Book Form), Completed on: 2011-11-25 Manitoba Métis Federation Inc.
2011-11-25 Order by, De, FURTHER TO THE ORDER dated September 28, 2011, granting leave to intervene to the Attorney General of Alberta, the Attorney General of Saskatchewan, the Métis National Council, the Métis Nation of Alberta, the Métis Nation of Ontario, the Treaty One First Nations and the Assembly of First Nations;
IT IS HEREBY FURTHER ORDERED THAT only the Attorney General of Saskatchewan, the Métis Nation of Alberta and the Métis Nation of Ontario are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Allowed in part
2011-11-23 Intervener's book of authorities, Completed on: 2011-11-23 Métis Nation of Alberta
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Métis Nation of Alberta
2011-11-23 Intervener's book of authorities, Completed on: 2011-11-23 Attorney General of Saskatchewan
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Attorney General of Saskatchewan
2011-11-23 Intervener's book of authorities, Completed on: 2011-11-23 Treaty One First Nations
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Treaty One First Nations
2011-11-23 Intervener's book of authorities, Completed on: 2011-11-23 Assembly of First Nations
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Assembly of First Nations
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Métis National Council
2011-11-23 Intervener's book of authorities, Completed on: 2011-11-23 Métis Nation of Ontario
2011-11-23 Intervener's factum, Completed on: 2011-11-23 Métis Nation of Ontario
2011-11-21 Correspondence received from, B.-R. by email, re.: request for reserved seats at the hearing Manitoba Métis Federation Inc.
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Attorney General of Alberta
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Attorney General of Alberta
2011-11-14 Correspondence received from, Sharlene Telles-Langdon, dated Nov.14/11, by fax, Re : request for reserved seats Attorney General of Canada
2011-11-14 Notice of appearance, Mark Kindrachuk, Q.C., Mitchell Taylor, Q.C., and Sharlene Telles-Langdon will be present at hearing Attorney General of Canada
2011-11-09 Correspondence received from, G.B. Greenwood by fax, re.: request for reserved seats at the hearing Métis National Council
2011-11-09 Correspondence received from, Jeff Beedell rec'd by fax re: request for Videoconference for December 13, 2011 - Videoconference cancelled Nov. 30/11 Assembly of First Nations
2011-09-30 Appeal perfected for hearing
2011-09-29 Respondent's book of authorities, Completed on: 2011-10-06 Attorney General of Canada
2011-09-29 Respondent's record, Completed on: 2011-10-06 Attorney General of Canada
2011-09-29 Respondent's factum, service of some intervener rec'd Oct. 6/11, Completed on: 2011-10-06 Attorney General of Canada
2011-09-28 Respondent's book of authorities, (2 volumes), Completed on: 2011-09-28 Attorney General of Manitoba
2011-09-28 Supplemental document, Part VII - Legislation, Completed on: 2011-09-28 Attorney General of Manitoba
2011-09-28 Respondent's factum, Completed on: 2011-09-28 Attorney General of Manitoba
2011-09-28 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2011-09-28 Decision on the motion for leave to intervene, De, UPON APPLICATIONS by the Attorney General of Alberta, the Attorney General of Saskatchewan, the Métis National Council, the Métis Nation of Alberta, the Métis Nation of Ontario, the Treaty One First Nations and the Assembly of First Nations for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Alberta, the Attorney General of Saskatchewan, the Métis National Council, the Métis Nation of Alberta, the Métis Nation of Ontario, the Treaty One First Nations and the Assembly of First Nations are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length.
The request to present oral argument is 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.
IT IS HEREBY FURTHER ORDERED THAT:
The appellants are granted permission to file a single 5 page reply factum on or before November 30, 2011.
Granted
2011-09-28 Submission of motion for leave to intervene, De
2011-09-19 Reply to the motion for leave to intervene, (Letter Form), from Jean Teillet dated Sept. 19/11, Completed on: 2011-09-19 Métis Nation of Ontario
2011-09-19 Reply to the motion for leave to intervene, (Letter Form), from Jason Madden dated Sept. 19/11, Completed on: 2011-09-19 Métis Nation of Alberta
2011-09-16 Reply to the motion for leave to intervene, email from Gowlings dated September 16, 2011, re: will not be filing a reply, Completed on: 2011-09-16 Attorney General of Alberta
2011-09-15 Reply to the motion for leave to intervene, (Letter Form), from Jeffrey R.W. Rath dated Sept. 15/11, Completed on: 2011-09-15 Treaty One First Nations
2011-09-14 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2011-09-14 Assembly of First Nations
2011-09-14 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2011-09-14 Métis National Council
2011-09-12 Response to the motion for leave to intervene, (Letter Form), to all proposed interveners, Completed on: 2011-09-12 Manitoba Métis Federation Inc.
2011-09-12 Response to the motion for leave to intervene, (Letter Form), of all proposed interveners, Completed on: 2011-09-12 Attorney General of Manitoba
2011-09-12 Response to the motion for leave to intervene, (Letter Form), of all proposed interveners, Completed on: 2011-09-12 Attorney General of Canada
2011-09-08 Correspondence received from, Mr.Greenwood rec'd by fax re: correction to motion for leave to intervene (c.c. to appellant) Métis National Council
2011-09-02 Motion for leave to intervene, Book form, Completed on: 2011-09-02 Assembly of First Nations
2011-09-02 Motion for leave to intervene, Book Form, Completed on: 2011-09-06 Treaty One First Nations
2011-09-02 Motion for leave to intervene, Book form, Completed on: 2011-09-02 Métis Nation of Ontario
2011-09-02 Motion for leave to intervene, Paper Form, Completed on: 2011-09-09 Métis Nation of Alberta
2011-09-01 Motion for leave to intervene, Book Form, Completed on: 2011-09-01 Métis National Council
2011-09-01 Motion for leave to intervene, Paper Form, Completed on: 2011-09-09 Attorney General of Saskatchewan
2011-08-30 Motion for leave to intervene, Book Form, Completed on: 2011-08-30 Attorney General of Alberta
2011-08-29 Notice of hearing sent to parties
2011-08-26 Notice of appearance, Heather Leonoff and Michael Conner will be present at the hearing Attorney General of Manitoba
2011-08-26 Correspondence received from, Gowling by email, re.: request for 1 reserved seat at the hearing Attorney General of Manitoba
2011-08-05 Appellant's factum, Completed on: 2011-08-05 Manitoba Métis Federation Inc.
2011-08-05 Appellant's record, (28 volumes and 11 copies of the "Metis Land Grants Manitoba Act"), Completed on: 2011-08-05 Manitoba Métis Federation Inc.
2011-08-05 Appellant's book of authorities, (2 volumes), Completed on: 2011-08-05 Manitoba Métis Federation Inc.
2011-08-05 Supplemental document, (Part VII to the Factum - Legislation) Copies missing (rec'd Sept.7/11), Completed on: 2011-09-07 Manitoba Métis Federation Inc.
2011-07-22 Appeal hearing scheduled, 2011-12-13, (start time 9:30am)
Judgment reserved
2011-07-21 Order on motion to file a lengthy factum, (BY LEBEL J.)
2011-07-21 Decision on motion to file a lengthy factum, LeB, UPON APPLICATION by the appellants for an order permitting the filing of a lengthy factum on appeal of 97 pages;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is granted in part. The appellants are granted permission to file a lengthy factum on appeal not to exceed 80 pages in length.
IT IS HEREBY FURTHER ORDERED THAT:
The respondents are each granted permission to file a factum on appeal not to exceed 60 pages in length
Allowed in part
2011-07-21 Submission of motion to file a lengthy factum, LeB
2011-07-18 Response to the motion to file a lengthy factum, (Letter Form), from Heather Leonoff dated July 18/11, Completed on: 2011-07-18 Attorney General of Manitoba
2011-07-15 Response to the motion to file a lengthy factum, email from Heather Leonoff dated July 15/11, Completed on: 2011-07-15 Attorney General of Manitoba
2011-07-15 Response to the motion to file a lengthy factum, (Letter Form), from Mark Kindrachuk, Q.C. dated July 15/11, Completed on: 2011-07-15 Attorney General of Canada
2011-07-15 Motion to file a lengthy factum, (AMENDED) of 97 pages (original motion for 87 pages filed July 14/11), Completed on: 2011-07-14 Manitoba Métis Federation Inc.
2011-07-14 Response to the motion to file a lengthy factum, email from Heather Leonoff dated July 13/11, Completed on: 2011-07-14 Attorney General of Manitoba
2011-06-06 Correspondence received from, Maxine Burrell dated June 6, 2011. Re: Endorsed acknowledgment and consent Manitoba Métis Federation Inc.
2011-05-31 Correspondence received from, H. Leonoff, Q.C., by fax, re.: hearing date Attorney General of Manitoba
2011-05-30 Correspondence received from, Thomas R. Berger, Q.C. dated May 27/11 re motions to be filed (original rec'd June 14/11) Manitoba Métis Federation Inc.
2011-05-13 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2011-05-13 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed
Dismissed
2011-05-13 Submission of motion to state a constitutional question, CJ
2011-05-09 Correspondence received from, H. Leonoff, Q.C., by fax, re.: hearing date Attorney General of Manitoba
2011-05-05 Correspondence received from, Mark R. Kindrachuk, Q.C. dated May 5/11 re const. questions Attorney General of Canada
2011-04-20 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-04-01 Reply to the motion to state a constitutional question, (bookform)(amended copy rec'd March 5/11), Completed on: 2011-04-01 Manitoba Métis Federation Inc.
2011-03-21 Response to the motion to state a constitutional question, Completed on: 2011-03-21 Attorney General of Manitoba
2011-03-18 Response to the motion to state a constitutional question, (bookform), Completed on: 2011-03-18 Attorney General of Canada
2011-03-10 Motion to state a constitutional question, (with memo of arguments), Completed on: 2011-03-10 Manitoba Métis Federation Inc.
2011-03-10 Notice of appeal, Completed on: 2011-03-10 Manitoba Métis Federation Inc.
2011-02-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-02-11 Judgment on leave sent to the parties
2011-02-10 Judgment of the Court on the application for leave to appeal, The motion to file a lengthy memorandum of argument and the application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI08-30-06872, 2010 MBCA 71, dated July 7, 2010, are granted without costs.
Granted, without costs
2011-02-10 Decision on motion to file a lengthy memorandum of argument
Granted
2011-01-10 All materials on application for leave submitted to the Judges, Bi F Ro
2011-01-10 Submission of motion to file a lengthy memorandum of argument, Bi F Ro
2010-11-05 Applicant's reply to respondent's argument, Completed on: 2010-11-05 Manitoba Métis Federation Inc.
2010-10-28 Respondent's response on the application for leave to appeal, Completed on: 2010-10-28 Attorney General of Canada
2010-10-27 Respondent's response on the application for leave to appeal, Completed on: 2010-10-27 Attorney General of Manitoba
2010-10-14 Correspondence received from, Thomas Berger dated October 12, 2010. Re: Return of the filing form concerning the C/A order Manitoba Métis Federation Inc.
2010-09-30 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-09-29 Motion to file a lengthy memorandum of argument, Included in the application. Affidavit rec'd on October 1, 2010, Completed on: 2010-09-29 Manitoba Métis Federation Inc.
2010-09-29 Application for leave to appeal, C/A order missing - Rec'd on Nov. 4, 2010 (4 volumes), Completed on: 2010-11-04 Manitoba Métis Federation Inc.

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
Manitoba Métis Federation Inc. Appellant Active
Yvon Dumont, Billy Jo de la Ronde, Roy Chartrand, Ron Erickson, Claire Riddle, Jack Fleming, Jack McPherson, Don Roulette, Edgar Bruce Jr. Appellant Active
Freda Lundmark, Miles Allaire, Celia Klassen, Alma Belhumeur, Stan Guiboche, Jeanne Perrault, Marie Banks Ducharme and Earl Henderson Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active
Attorney General of Manitoba Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General of Saskatchewan Intervener Active
Métis National Council Intervener Active
Métis Nation of Alberta Intervener Active
Métis Nation of Ontario Intervener Active
Treaty One First Nations Intervener Active
Assembly of First Nations Intervener Active

Counsel

Party: Manitoba Métis Federation Inc.

Counsel
Thomas R. Berger, Q.C.
James Aldridge, Q.C.
Harley Schachter
Rosenbloom Aldridge Bartley & Rosling
440 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Yvon Dumont, Billy Jo de la Ronde, Roy Chartrand, Ron Erickson, Claire Riddle, Jack Fleming, Jack McPherson, Don Roulette, Edgar Bruce Jr.

Counsel
Thomas R. Berger, Q.C.
James Aldridge, Q.C.
Harley Schachter
Rosenbloom Aldridge Bartley & Rosling
440 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Freda Lundmark, Miles Allaire, Celia Klassen, Alma Belhumeur, Stan Guiboche, Jeanne Perrault, Marie Banks Ducharme and Earl Henderson

Counsel
Thomas R. Berger, Q.C.
James Aldridge, Q.C.
Harley Schachter
Rosenbloom Aldridge Bartley & Rosling
440 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Canada

Counsel
Paul Anderson
Sharlene Telles-Langdon
Cary Clark
Mark Kindrachuk, Q.C.
Mitchell Taylor, Q.C.
Attorney General of Canada
301 - 310 Broadway Avenue
Centennial House
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-0873
FAX: (204) 984-7003
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Manitoba

Counsel
Heather Leonoff, Q.C.
Michael Conner
Attorney General of Manitoba
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0717
FAX: (204) 945-0053
Email: heather.leonoff@gov.mb.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: Attorney General of Alberta

Counsel
Douglas B. Titosky
Attorney General of Alberta
Aboriginal Law
1000 - 10025 - 102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 643-0858
FAX: (780) 643-0852
Email: doug.titosky@gov.ab.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: Attorney General of Saskatchewan

Counsel
P. Mitch McAdam, Q.C.
Attorney General for Saskatchewan
820 - 1874 Scarth St
Aboriginal Law Branch
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-7846
FAX: (306) 787-9111
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: Métis National Council

Counsel
Clem Chartier
Marc LeClair
Kathy L. Hodgson-Smith
Métis National Council
340 MacLaren
Unit 4
Ottawa, Ontario
K2P 0M6
Telephone: (613) 232-3216
FAX: (613) 232-4262
Agent
Gordon B. Greenwood
Maclaren Corlett
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190

Party: Métis Nation of Alberta

Counsel
Jason Madden
JTM Law
28 Hawthorn Avenue
Toronto, Ontario
M4W 2Z2
Telephone: (416) 945-7958
FAX: (416) 981-3162
Email: jason@jtmlaw.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Métis Nation of Ontario

Counsel
Jean M. Teillet
Pape Salter Teillet LLP
460-220 Cambie Street
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002
FAX: (604) 681-3050
Email: jteillet@pstlaw.ca
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Treaty One First Nations

Counsel
Jeffrey R.W. Rath
David Khan
Rath & Company
Box 44 Site 8
RR 1
Priddis, Alberta
T0L 1W0
Telephone: (403) 931-4047
FAX: (403) 931-4048
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Assembly of First Nations

Counsel
Joseph J. Arvay, Q.C.
Arvay Finlay
1320 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

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.

Aboriginal law – Fiduciary duty – Métis – Claim for declaratory relief – Whether action properly dismissed on grounds of mootness and limitations – Whether there was a breach of fiduciary obligation during implementation of the grants provided for in ss. 31 and 32 of the Manitoba Act, 1870, 33 Vict., c. 3 – Whether series of enactment by the Manitoba legislature were constitutional.


In this action for declaratory relief the applicants submit that Canada did not meet the standard expected of a fiduciary during its implementation of the grants provided for in ss. 31 and 32 of the Manitoba Act, 1870, 33 Vict., c. 3 that dealt with land issues. The first, s. 31, provided that 1.4 million acres of land was to be distributed to the “children of the half-breed heads of families”. The second, s. 32, provided that existing land tenures of the residents would be confirmed. During the 1870s and 1880s, Manitoba passed five statutes, now long spent and repealed, dealing with the technical requirements to transfer interests in s. 31 lands. The applicants sought to have the statutes declared ultra vires pursuant to the Constitution Act, 1867. Alternatively, they argued that the statutes were inoperative by virtue of federal paramountcy. The trial judge held that the action was barred by the limitation period or laches. There was no fiduciary duty that was owed by the Crown under s. 31 of the Act, and no breach of the Act; there was no fiduciary duty or obligation with respect to s. 32, and the Crown had not erred in its implementation of the section; Manitoba’s legislative initiatives were not unconstitutional. The Court of Appeal applied the doctrine of mootness and declined to address the issue of constitutionality. As to the overarching claim of breach of fiduciary duty, the Court of Appeal confirmed the trial judge’s conclusion that the case was statute-barred.

Lower court rulings

December 7, 2007
Court of Queen’s Bench of Manitoba

CI 81-01-01010, 2007 MBQB 293

Action dismissed
July 7, 2010
Court of Appeal of Manitoba

AI08-30-06872, 2010 MBCA 71

Appeal dismissed with costs

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.

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Date modified: 2024-10-03