Case information
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40979
Saugeen First Nation, et al. v. Attorney General of Canada, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-10-25 | Close file on Leave | |
| 2024-10-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-24 | Judgment on leave sent to the parties | |
| 2024-10-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69831, 2023 ONCA 565, dated August 30, 2023, is dismissed. Dismissed |
|
| 2024-03-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-28 | Lower court order - e-filing, CA Orders | Saugeen First Nation |
| 2023-12-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-01-02, (Printed version filed on 2023-12-21) | Saugeen First Nation |
| 2023-12-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-13) | His Majesty the King in Right of Ontario |
| 2023-12-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-13, (Printed version due on 2023-12-18) | His Majesty the King in Right of Ontario |
| 2023-12-11 | Certificate (on limitations to public access), (Letter Form), 23A | Attorney General of Canada |
| 2023-12-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-13, (Printed version filed on 2023-12-13) | Attorney General of Canada |
| 2023-11-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-11-09 | |
| 2023-10-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-27) | Saugeen First Nation |
| 2023-10-27 | Notice of name, (Letter Form), (Printed version filed on 2023-10-27) | Saugeen First Nation |
| 2023-10-27 |
Application for leave to appeal, (Book Form), (2 volumes), CA formal order form rec'd 2023-11-23 REQUIRED - CA Order (Rec'd 2024-02-28), Completed on: 2024-02-28, (Printed version filed on 2023-10-30) |
Saugeen First 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
| Name | Role | Status |
|---|---|---|
| Saugeen First Nation | Applicant | Active |
| Chippewas of Nawash Unceded First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| His Majesty the King in Right of Ontario | Respondent | Active |
Counsel
Party: Saugeen First Nation
Counsel
Cathy Guirguis
Krista Nerland
250 University Ave., 8th Floor
Toronto, Ontario
M5H 3E5
Telephone: (416) 981-9330
FAX: (416) 981-9350
Email: rtownshend@oktlaw.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Chippewas of Nawash Unceded First Nation
Counsel
Cathy Guirguis
Krista Nerland
250 University Ave., 8th Floor
Toronto, Ontario
M5H 3E5
Telephone: (416) 981-9330
FAX: (416) 981-9350
Email: rtownshend@oktlaw.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
120 Adelaide Street West, 4th Floor Toronto, ON
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-0582
Email: Michael.beggs@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: His Majesty the King in Right of Ontario
Counsel
David J. Feliciant
Julia McRandall
Jennifer Le Pan
720 Bay Street, 8th floor
Crown Law Office - Civil
Toronto, Ontario
M7A 2S9
Telephone: (416) 573-9263
FAX: (416) 326-4181
Email: richard.ogden@ontario.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Summary
Keywords
Aboriginal law — Treaty rights — Interpretation of treaty promises — Fiduciary duty — Proper approach to interpretation of treaties — Existence of fiduciary duty — Whether Crown’s obligation to protect First Nations land from encroachment gives rise to a fiduciary duty — How the Crown’s duty of diligent implementation and the honour of the Crown may interact with a fiduciary duty — Whether elements of sui generis fiduciary duty present.
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.
The applicants are Anishinaabe Peoples located on and near the Saugeen (Bruce) Peninsula, between Lake Huron and Georgian Bay. By Treaty 45 ½ in 1836, the ancestors of the applicants surrendered a large swath of land south of the Peninsula to the Crown. In exchange, the Crown promised to protect the Peninsula against encroachment and to assist with construction and cultivation. Despite the promise of protection, encroachment persisted.
The applicants brought a claim against the Crown with respect to its failure to uphold its promises under the Treaty. The trial judge concluded that the Crown failed to implement its promises under Treaty 45½ and breached the honour of the Crown. However, the Crown’s failures did not also amount to a breach of fiduciary duty. The Court of Appeal upheld the trial judge’s conclusions.
Lower court rulings
Ontario Superior Court of Justice
03-CV-261134CM1, 2021 ONSC 4181, 94-CQ-050872CM
The trial judge declared that the honour of the Crown was breached in relation to the fulfillment of Treaty 45½ after 1836 and at the treat council in August of 1854. The trial judge dismissed the First Nations’ claim for breach of fiduciary duty, because no fiduciary duty existed.
Court of Appeal for Ontario
C69830, C69831, 2023 ONCA 565
The Court of Appeal dismissed the First Nations’ appeal with respect to the trial judge’s finding that there was no fiduciary duty.
Filed documents
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 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 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.
Downloadable PDFs
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available