Case information

Aboriginal law — Land Claims — Canada, Saskatchewan, and Saskatchewan First Nations entering into tripartite treaty land entitlement (TLE) framework agreement — Proper interpretation and application of the honour of the Crown with respect to federal and provincial Crowns’ obligations and conduct under TLE agreements — Whether TLE agreements are intended to fulfill broken Treaty promises — Whether TLE agreements should be considered as “modern Treaties” or the spirit and intent of the agreements should attract the same sacredness and esteem of “modern Treaties”, notwithstanding that current jurisprudence requires their terms to be interpreted through a contractual lens

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.

The 1992 Saskatchewan Treaty Land Entitlement Framework Agreement (hereafter, the “Agreement”) between Canada, Saskatchewan, and Saskatchewan First Nations establishes the process by which First Nations can purchase land to fulfil outstanding treaty land entitlement (TLE) obligations owed to them. Under the Agreement, the applicant Witchekan Lake First Nation (WLFN) acquired all of its TLE shortfall by 1998, and has acquired additional land since that time.

In 2016 the respondent, His Majesty the King in Right of Saskatchewan, wrote to the Chief and Council of the WLFN advising of its intention to sell certain Crown lands. WLFN did not respond to the letter. In January 2017, Saskatchewan notified WLFN that it intended to sell further Crown lands. No response was received.

On October 23, 2017, the lands were put up for sale at auction. The following day, WLFN wrote to Saskatchewan and requested to purchase three parcels of those lands. Saskatchewan refused WLFN’s request.

In January 2018, Saskatchewan wrote to WLFN to advise of its intention to sell further vacant Crown lands. Two days after the lands were put up for sale at auction, WLFN wrote to Saskatchewan identifying lands it desired under the Agreement. Saskatchewan rejected WLFN’s mid-auction selection.

WLFN brought an action against Saskatchewan and Canada, contending that the Agreement included an implied term requiring Saskatchewan to provide notice of any impending auction and a reasonable opportunity to purchase lands before they were put up for auction, and that Saskatchewan had frustrated the purpose of the Agreement in refusing to sell the lands at issue to WLFN.

Saskatchewan brought a motion for summary judgment. The Federal Court held that there was a genuine issue for trial and dismissed the motion. The Federal Court of Appeal allowed Saskatchewan’s appeal, granted the motion for summary judgment, and dismissed the action.