Case information
Consult our database for details on a Supreme Court of Canada case.
41458
Little Black Bear First Nation, et al. v. Kawacatoose First Nation, et al.
(Federal) (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) |
|---|---|---|
| 2025-08-01 | Close file on Leave | |
| 2025-08-01 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-07-30 | Certificate of taxation issued to, Mervin C. Phillips | |
| 2025-07-30 | Decision on the bill of costs, in the amount of $1,177.76, Reg | |
| 2025-07-30 | Submission of the bill of costs, Reg | |
| 2025-04-29 | Bill of costs, (Letter Form), Completed on: 2025-05-29 | Standing Buffalo Dakota First Nation |
| 2025-03-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-13 | Judgment on leave sent to the parties | |
| 2025-03-13 |
Judgment of the Court on the application for leave to appeal, The motion filed by Kawacatoose First Nation for an extension of time to serve and file its response is granted. The applications for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-303-19 and A-328-19, 2024 FCA 119, dated July 12, 2024, are dismissed with costs. Dismissed, with costs |
|
| 2025-03-13 | Decision on motion to extend time, See decision on application | |
| 2025-02-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-10 | Submission of motion to extend time, for consideration by the Court | |
| 2024-10-31 | Response to motion to extend time, Completed on: 2024-10-31, (Printed version filed on 2024-11-04) | Star Blanket First Nation |
| 2024-10-31 | Response to motion to extend time, Completed on: 2024-10-31, (Printed version filed on 2024-11-04) | Standing Buffalo Dakota First Nation |
| 2024-10-30 | Motion to extend time, (Book Form), Includes affidavit, Completed on: 2024-11-04, (Printed version filed on 2025-02-20) | Kawacatoose First Nation |
| 2024-10-30 | Certificate (on limitations to public access), 23A | Kawacatoose First Nation |
| 2024-10-29 | Notice of name | Kawacatoose First Nation |
| 2024-10-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-12-04 | Kawacatoose First Nation |
| 2024-10-28 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-28) | Standing Buffalo Dakota First Nation |
| 2024-10-28 | Notice of name, (Printed version filed on 2024-10-28) | Standing Buffalo Dakota First Nation |
| 2024-10-28 | Respondent's response on the application for leave to appeal, (Book Form), RESPONSE TO FIRST APPLICATION , Completed on: 2024-10-28, (Printed version filed on 2024-10-28) | Standing Buffalo Dakota First Nation |
| 2024-09-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, SECOND APPLICATION | |
| 2024-09-27 | Correspondence received from | Star Blanket First Nation |
| 2024-09-27 | Notice of name, (Printed version filed on 2024-09-27) | Star Blanket First Nation |
| 2024-09-27 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-09-27) | Star Blanket First Nation |
| 2024-09-27 |
Application for leave to appeal, (Book Form), SECOND APPLICATION Missing: - Proof of service (Rec'd 10-01-2024) , Completed on: 2024-10-01, (Printed version filed on 2024-09-27) |
Star Blanket First Nation |
| 2024-09-27 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED FIRST APPLICATION |
|
| 2024-09-27 | Notice of name, (Printed version filed on 2024-09-27) | Little Black Bear First Nation |
| 2024-09-27 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-09-27) | Little Black Bear First Nation |
| 2024-09-27 |
Application for leave to appeal, (Book Form), FIRST APPLICATION , Completed on: 2024-09-27, (Printed version filed on 2024-09-27) |
Little Black Bear 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 |
|---|---|---|
| Little Black Bear First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kawacatoose First Nation | Respondent | Active |
| Standing Buffalo Dakota First Nation | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Star Blanket First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kawacatoose First Nation | Respondent | Active |
| Standing Buffalo Dakota First Nation | Respondent | Active |
Counsel
Party: Little Black Bear First Nation
Counsel
Aron Taylor
Anjalika Rogers
602 12th Avenue SW, Suite 100
Calgary, Alberta
T2R 1J3
Telephone: (403) 266-1201 Ext: 236
FAX: (403) 266-2701
Email: rlake@mauricelaw.com
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: Star Blanket First Nation
Counsel
374 3rd Ave South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 664-1384
Email: n.rathwell@mckercher.ca
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: Kawacatoose First Nation
Counsel
Donald E. Worme
David Werner
150-103C Packham Avenue
Saskatoon, Saskatchewan
S7N 4K4
Email: mebert@swlegal.ca
Party: Standing Buffalo Dakota First Nation
Counsel
Nathan Xiao-Phillips
Leane Phillips
2100 Scarth St.
Regina, Saskatchewan
S4P 2H6
Telephone: (306) 569-0811
FAX: (306) 565-3434
Email: phillipsco@phillipsco.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Aboriginal law — Indian reserves — Land claims — Whether the honour of the Crown and principles of treaty interpretation apply to an Order in Council impacting treaty rights or aboriginal rights in the context of competing First Nations’ claims?
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.
An omnibus order-in-council set out a list of reserves, each described briefly in words and by a plan of survey, including a “Fishing Station for the use of the Touchwood Hills and Qu’Appelle Valley Indians”. In 1918, this reserve was surrendered. A claim has been commenced alleging that Canada did not administer the surrender in accordance with its legal obligations. Eleven First Nations purport to be beneficiaries. The Specific Claims Tribunal determined eight of the First Nations are beneficiaries and dismissed the claims of the other three. The Federal Court of Appeal dismissed an appeal.
Lower court rulings
Eight of eleven First Nations recognized as beneficiaries of Indian Reserve No. IR 80A for purposes of advancing a claim; claims by three First Nations dismissed
Applications for judicial review dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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