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38795

Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians, et al. v. Her Majesty the Queen in Right of Canada

(Federal) (Civil) (By Leave)

(Publication ban in case) (Sealing order) (Certain information not available to the public)

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)
2021-07-16 Formal judgment sent to the registrar of the court of appeal and all parties
2021-07-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-07-16 Appeal closed
2021-07-16 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Federal Court of Appeal, Number A-337-17, 2019 FCA 171, dated June 10, 2019, heard on December 8, 2020, is allowed with costs throughout. The judgment of the Court of Appeal and the Federal Court’s award of equitable damages are set aside. The valuation of equitable compensation is returned to the Federal Court for reassessment in accordance with these reasons. Côté J. dissents.
Allowed, with costs
2020-12-30 Transcript received, 184 pages
2020-12-09 General proceeding, (Letter Form), Case Sensitivity Questionnaire Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-12-08 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen in Right of Canada
2020-12-08 Judgment reserved OR rendered with reasons to follow
2020-12-08 Hearing of the appeal, 2020-12-08, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-12-07 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-12-07 Correspondence received from, (Letter Form), RE: Change of Counsel Assembly of First Nations Quebec-Labrador
2020-12-07 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book Her Majesty the Queen in Right of Canada
2020-12-04 Respondent's condensed book, (Book Form), Missing: Form 23B (rec' 12/07/20) Her Majesty the Queen in Right of Canada
2020-12-04 Intervener's condensed book, (Book Form) Anishinabek Nation
2020-12-04 Intervener's condensed book, (Book Form) Attorney General for Saskatchewan
2020-12-04 Appellant's condensed book, (Book Form), Missing: Form 23B (rec' 12/07/20) Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-12-03 Intervener's condensed book, (Book Form) Treaty Land Entitlement Committee of Manitoba Inc.
2020-12-03 Intervener's condensed book, (Book Form) Federation of Sovereign Indigenous Nations
2020-12-03 Intervener's condensed book, (Book Form) Atikameksheng Anishnawbek First Nation
2020-12-03 Intervener's condensed book, (Book Form) Manitoba Keewatinowi Okimakanak Inc.
2020-11-23 Reply factum on appeal, (Book Form), Amended paper copy required (rec'd 2020-12-02), Completed on: 2020-11-23, (Printed version filed on 2020-11-30) Her Majesty the Queen in Right of Canada
2020-11-23 Reply factum on appeal, (Book Form), Completed on: 2020-11-23 Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-11-20 Notice of appearance, (Letter Form), Stacey Douglas will appear before the court, and will present oral arguments.
 Mohawk Council of Kahnawà:ke
2020-11-20 Notice of appearance, (Letter Form), Ronald S. Maurice will appear before the court, and will present oral arguments.
 Federation of Sovereign Indigenous Nations
2020-11-20 Notice of appearance, (Letter Form), Steven W. Carey will appear before the court, and will present oral arguments.
 Atikameksheng Anishnawbek First Nation
2020-11-18 Notice of appearance, (Letter Form), Rosanne Kyle and Elin Sigurdson will appear before the court, and will both present oral arguments.
 Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-11-18 Notice of appearance, (Letter Form), Alisa R. Lombard will appear before the court, and will present oral arguments.
 Elsipogtog First Nation
2020-11-18 Notice of appearance, (Letter Form), Kate Gunn will appear before the court, and will present oral arguments.
 Grand Council Treaty #3
2020-11-18 Notice of appearance, (Letter Form), Christopher Rupar and Michael Roach will appear before the court. Mr. Rupar will present oral arguments.
 Her Majesty the Queen in Right of Canada
2020-11-18 Notice of appearance, (Letter Form), Peter Millerd will appear before the court, and will present oral arguments. Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation
2020-11-18 Notice of appearance, (Letter Form), Donald R. Colborne will appear before the court, and will present oral arguments.
 Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation
2020-11-18 Notice of appearance, (Letter Form), Stuart Wuttke will appear before the court, and will present oral arguments.
 Assembly of First Nations
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-18 Elsipogtog First Nation
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-18 Grand Council Treaty #3
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-18 Assembly of First Nations
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-18 Kwantlen First Nation
2020-11-18 Intervener's book of authorities, (Book Form), Completed on: 2020-11-18, (Printed version filed on 2020-11-19) Mohawk Council of Kahnawà:ke
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-18, (Printed version filed on 2020-11-19) Mohawk Council of Kahnawà:ke
2020-11-18 Intervener's book of authorities, (Book Form), Completed on: 2020-11-18 Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-18 Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation
2020-11-18 Intervener's book of authorities, (Book Form), Completed on: 2020-11-18 Assembly of First Nations Quebec-Labrador
2020-11-18 Intervener's factum, (Book Form), English copy filed 2021/0114, Completed on: 2020-11-18 Assembly of First Nations Quebec-Labrador
2020-11-18 Intervener's book of authorities, (Book Form), Completed on: 2020-11-18, (Printed version filed on 2020-11-26) Wauzhushk Onigum Nation
2020-11-18 Intervener's factum, (Book Form), Completed on: 2020-11-19, (Printed version filed on 2020-11-26) Wauzhushk Onigum Nation
2020-11-18 Notice of appearance, (Letter Form), Kate Kempton will appear before the court, and will present oral arguments.
 Manitoba Keewatinowi Okimakanak Inc.
2020-11-17 Notice of appearance, (Letter Form), Reidar M. Mogerman will appear before the court, and will present oral arguments.
 West Moberly First Nations
2020-11-17 Notice of appearance, (Letter Form), Tim Dickson will appear before the court, and will present oral arguments.
 Kwantlen First Nation
2020-11-17 Notice of appearance, (Letter Form), Harley Schachter will appear before the court, and will present oral arguments.
 Treaty Land Entitlement Committee of Manitoba Inc.
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Anishinabek Nation
2020-11-17 Intervener's book of authorities, (Book Form), Amended authorities rec'd 2020/11/18, Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Chemawawin Cree Nation
2020-11-17 Intervener's factum, (Book Form), Amended factum rec'd 2020/11/18, Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Chemawawin Cree Nation
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Treaty Land Entitlement Committee of Manitoba Inc.
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Manitoba Keewatinowi Okimakanak Inc.
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Manitoba Keewatinowi Okimakanak Inc.
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Federation of Sovereign Indigenous Nations
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Federation of Sovereign Indigenous Nations
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) West Moberly First Nations
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) West Moberly First Nations
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Atikameksheng Anishnawbek First Nation
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Atikameksheng Anishnawbek First Nation
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Attorney General for Saskatchewan
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Attorney General for Saskatchewan
2020-11-17 Intervener's book of authorities, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Assembly of Manitoba Chiefs
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-18) Assembly of Manitoba Chiefs
2020-11-17 Intervener's factum, (Book Form), Completed on: 2020-11-17 Tseshaht First Nation
2020-11-17 Notice of appearance, (Letter Form), Carly Fox will appear before the court, and will present oral arguments.
 Assembly of Manitoba Chiefs
2020-11-17 Notice of appearance, (Letter Form), Christopher Devlin will appear before the court, and will present oral arguments.
 Tseshaht First Nation
2020-11-17 Notice of appearance, (Letter Form), Cynthia Westaway will appear before the court, and will present oral arguments.
 Anishinabek Nation
2020-11-17 Notice of appearance, (Letter Form), David G. Leitch will appear before the court, and will present oral arguments.
 Wauzhushk Onigum Nation
2020-11-17 Notice of appearance, (Letter Form), Benoît Amyot will appear before the court, and will present oral arguments.
 Assembly of First Nations Quebec-Labrador
2020-11-16 Notice of appearance, (Letter Form), Catherine J. Boies Parker, Q.C. will appear before the court, and will present oral arguments.
 Chemawawin Cree Nation
2020-11-16 Notice of appearance, (Letter Form), P. Mitch McAdams, Q.C. will appear before the court, and will present oral arguments.
 Attorney General for Saskatchewan
2020-11-10 Certificate (on limitations to public access), (Letter Form), 23B-Supplementary Record Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-11-09 Appellant's record, (Book Form), Supplemental Record, Completed on: 2020-11-10, (Electronic version filed on 2020-11-10) Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-11-06 Notice of change of counsel, (Letter Form), Update to counsel's contact information; Bijon Roy is now agent for the intervener Assembly of Manitoba Chiefs
2020-10-27 Certificate (on limitations to public access), (Letter Form), 23A-Appellant's Factum-Record-Suuplemental Documents Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-10-26 Correspondence received from, (Letter Form), Letter re: errata in factum Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-10-26 Certificate (on limitations to public access), (Letter Form), 23B-Respondent's Factum Her Majesty the Queen in Right of Canada
2020-10-26 Certificate (on limitations to public access), (Letter Form), 23A-Respondent's Factum Her Majesty the Queen in Right of Canada
2020-10-26 Respondent's book of authorities, (Book Form), Completed on: 2020-10-26 Her Majesty the Queen in Right of Canada
2020-10-26 Respondent's factum, (Book Form), Completed on: 2020-10-26 Her Majesty the Queen in Right of Canada
2020-10-26 Correspondence received from, (Letter Form), Ontario will not be filing a factum or seeking to present oral argument on this appeal.

required: proof of service to all parties (rec'd 2020/10/31) 		Her Majesty the Queen in Right of Ontario
2020-10-23 Correspondence received from, (Letter Form), Manitoba will not be filing a factum or seeking to present oral argument on this appeal. Her Majesty the Queen in Right of Manitoba
2020-10-22 Order on motion for leave to intervene, by Justice Brown (sent by email)
2020-10-22 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Saskatchewan; the Tseshaht Nation; the Assembly of Manitoba Chiefs; the Manitoba Keewatinowi Okimakanak Inc.; the Treaty Land Entitlement Committee of Manitoba Inc.; the Anishinabek Nation; the Wauzhushk Onigum Nation; the Big Grassy First Nation, the Onigaming First Nation, the Naotkamegwanning First Nation and the Niisaachewan First Nation (jointly); the Coalition of the Union of British Columbia Indian Chiefs, the Penticton Indian Band and the Williams Lake First Nation (jointly); the Federation of Sovereign Indigenous Nations; the Atikameksheng Anishnawbek First Nation; the Kwantlen First Nation; the Assembly of First Nations; the Assembly of First Nations Quebec-Labrador; the Grand Council Treaty #3; the Mohawk Council of Kahnawà:ke; the Elsipogtog First Nation; the Chemawawin Cree Nation; and the West Moberly 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 are granted and the said nineteen (19) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 18, 2020.

The Attorney General for Saskatchewan is granted permission to present oral argumrnt not exceeding ten (10) minutes at the hearing of the appeal.

The remaining said eighteen (18) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The said interveners or groups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.


The appellants and respondents are each granted permission to serve and file a single factum in response to all interventions not to exceed ten (10) pages in length on or before November 23, 2020.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.

Granted
2020-10-22 Submission of motion for leave to intervene, 19 motions, Br
2020-10-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-05 West Moberly First Nations
2020-10-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-05 Federation of Sovereign Indigenous Nations
2020-10-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-05 Atikameksheng Anishnawbek First Nation
2020-10-01 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-01 Attorney General for Saskatchewan
2020-10-01 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-01 Kwantlen First Nation
2020-09-30 Response to the motion for leave to intervene, (Letter Form), (Elsipogtog), Completed on: 2020-09-30 Her Majesty the Queen in Right of Canada
2020-09-29 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-29 Tseshaht First Nation
2020-09-29 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-29 Wauzhushk Onigum Nation
2020-09-28 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-28 Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-09-25 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-25 Her Majesty the Queen in Right of Canada
2020-09-18 Notice of name West Moberly First Nations
2020-09-18 Motion for leave to intervene, (Book Form), Filing Fee Outstanding, Incomplete West Moberly First Nations
2020-09-18 Notice of name Chemawawin Cree Nation
2020-09-18 Motion for leave to intervene, (Book Form), Filing Fee Outstanding, Incomplete Chemawawin Cree Nation
2020-09-18 Notice of name Elsipogtog First Nation
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee Outstanding, Incomplete Elsipogtog First Nation
2020-09-18 Notice of name Mohawk Council of Kahnawà:ke
2020-09-18 Motion for leave to intervene, (Book Form), Filing Fee Outstanding, Incomplete Mohawk Council of Kahnawà:ke
2020-09-18 Notice of name Grand Council Treaty #3
2020-09-18 Motion for leave to intervene, (Book Form), Filing Fee Outstanding, Incomplete Grand Council Treaty #3
2020-09-18 Notice of name Assembly of First Nations Quebec-Labrador
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be settled when possible, Incomplete Assembly of First Nations Quebec-Labrador
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Assembly of First Nations
2020-09-18 Notice of name Kwantlen First Nation
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Kwantlen First Nation
2020-09-18 Notice of name Atikameksheng Anishnawbek First Nation
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Atikameksheng Anishnawbek First Nation
2020-09-18 Notice of name Federation of Sovereign Indigenous Nations
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Federation of Sovereign Indigenous Nations
2020-09-18 Notice of name Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation
2020-09-18 Notice of name Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation
2020-09-18 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation
2020-09-17 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Wauzhushk Onigum Nation
2020-09-17 Notice of name Anishinabek Nation
2020-09-17 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Anishinabek Nation
2020-09-17 Notice of name Treaty Land Entitlement Committee of Manitoba Inc.
2020-09-17 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Treaty Land Entitlement Committee of Manitoba Inc.
2020-09-17 Notice of name Manitoba Keewatinowi Okimakanak Inc.
2020-09-17 Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete Manitoba Keewatinowi Okimakanak Inc.
2020-09-17 Motion for leave to intervene, (Book Form), Filing fee to be paid, Incomplete Attorney General for Saskatchewan
2020-09-16 Notice of name Tseshaht First Nation
2020-09-16 Motion for leave to intervene, (Book Form), Filing fee to be paid, Incomplete Tseshaht First Nation
2020-09-16 Notice of name Assembly of Manitoba Chiefs
2020-09-16 Motion for leave to intervene, (Book Form), Filing fee to be paid, Incomplete Assembly of Manitoba Chiefs
2020-09-02 Notice of hearing sent to parties
2020-08-27 Supplemental document, (Book Form), (257 volumes), Appellant's Supplemental Document 1: Full Court of Appeal Record

Vols 3 & 257 SEALED

rec'd: 23A (rec'd 2020/10/27), amended 23B (rec'd 2020/10/27), Completed on: 2020-08-27 		Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-08-27 Certificate of counsel (attesting to record), (Letter Form), 24A Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-08-27 Certificate (on limitations to public access), (Letter Form), 23B-Appellant's Factum-Record-Supplemental Documents

rec'd: 23A (rec'd 2020/10/27), and amended 23B 2020/10/27 		Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-08-25 Correspondence (sent by the Court) to, all parties by email, by the Deputy Registrar, Re: request approved to extend filing deadline for respondents
2020-08-25 Appeal hearing scheduled, 2020-12-08, In order for the appeal to proceed on December 8, 2020, the filing schedule will be as follows:

a) The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before August 28, 2020

b) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before October 23, 2020.

c) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 18, 2020.

d) The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before September 28, 2020.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 5, 2020.

Judgment reserved
2020-08-17 Appellant's book of authorities, (Book Form), Completed on: 2020-08-17, (Printed version filed on 2020-10-09) Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-08-17 Appellant's record, (Book Form), (4 volumes), required: 23B, 24A (both rec'd 2020/08/27)

received: amended copy of Appellant's record vol 1 (rec'd 2020/10/02), 23A (rec'd 2020/10/27), amended 23B (rec'd 2020/10/27), Completed on: 2020-10-27, (Printed version filed on 2020-10-09) 		Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-08-17 Appellant's factum, (Book Form), required: 23B (rec'd 2020/08/27)

rec'd: amended appellant's factum (rec'd 2020/10/26), 23A (rec'd 2020/10/27), amended 23B (rec'd 2020/10/27), Completed on: 2020-08-27, (Printed version filed on 2020-10-09) 		Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-07-21 Correspondence received from, Christopher Rupar, Re: request to extend time to file respondents' factum Her Majesty the Queen in Right of Canada
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email to all parties on July 15, 2020)
2020-05-19 Notice of appeal, (Letter Form), Completed on: 2020-05-19 Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2020-05-13 Correspondence received from, (Letter Form), RE: Update - counsel Her Majesty the Queen in Right of Canada
2020-04-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-04-17 Judgment on leave sent to the parties
2020-04-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-337-17, 2019 FCA 171, dated June 10, 2019, is granted with costs in the cause.
Granted, with costs in the cause
2020-03-09 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-01-07 Certificate (on limitations to public access), (Letter Form), 23B Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2019-11-04 Applicant's reply to respondent's argument, (Book Form), Certificate 23B missing (rec' 01/07/20), Completed on: 2020-02-06 Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2019-10-23 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Canada
2019-10-23 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Canada
2019-10-23 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-23 Her Majesty the Queen in Right of Canada
2019-10-22 Respondent's response on the application for leave to appeal, (Letter Form), Takes no position, Completed on: 2019-10-22 Her Majesty the Queen in Right of Manitoba
2019-10-18 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Ontario
2019-10-18 Respondent's response on the application for leave to appeal, (Letter Form), Takes no position, Completed on: 2019-10-18 Her Majesty the Queen in Right of Ontario
2019-09-23 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/09/23
2019-09-09 Notice of name, (Letter Form) Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2019-09-09 Certificate (on limitations to public access), (Letter Form), 23B Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2019-09-09 Certificate (on limitations to public access), (Letter Form), 23A Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians
2019-09-09 Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2019-09-09 Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians

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
Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians Appellant Active
Lac Seul First Nation Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Saskatchewan Intervener Active
Assembly of Manitoba Chiefs Intervener Active
Tseshaht First Nation Intervener Active
Manitoba Keewatinowi Okimakanak Inc. Intervener Active
Treaty Land Entitlement Committee of Manitoba Inc. Intervener Active
Anishinabek Nation Intervener Active
Wauzhushk Onigum Nation Intervener Active
Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation Intervener Active
Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation Intervener Active
Federation of Sovereign Indigenous Nations Intervener Active
Atikameksheng Anishnawbek First Nation Intervener Active
Kwantlen First Nation Intervener Active
Assembly of First Nations Intervener Active
Assembly of First Nations Quebec-Labrador Intervener Active
Grand Council Treaty #3 Intervener Active
Mohawk Council of Kahnawà:ke Intervener Active
Elsipogtog First Nation Intervener Active
Chemawawin Cree Nation Intervener Active
West Moberly First Nations Intervener Active

Counsel

Party: Roger Southwind, for himself, and on behalf of the members of the Lac Seul Band of Indians

Counsel
Rosanne Kyle
Elin Sigurdson
Kendra Shupe
Mandell Pinder LLP
Suite 422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: rosanne@mandellpinder.com
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: Lac Seul First Nation

Counsel
Rosanne Kyle
Elin Sigurdson
Elisa Penn
Mandell Pinder LLP
Suite 422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: rosanne@mandellpinder.com
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: Her Majesty the Queen in Right of Canada

Counsel
Christopher M. Rupar
Dayna Anderson
Michael Roach
Attorney General of Canada
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
Civil Litigation Section
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Assembly of Manitoba Chiefs

Counsel
Carly Fox
Fox Fraser LLP
1800 4 Street SW, Suite 1630
Calgary, Alberta
T2S 2S5
Telephone: (403) 910-5392
FAX: (403) 407-7795
Email: cfox@foxfraserlaw.com
Agent
Bijon Roy
Champ and Associates
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: broy@champlaw.ca

Party: Tseshaht First Nation

Counsel
Christopher G. Devlin
Devlin Gailus Watson
201 - 736 Broughton Street
Victoria, British Columbia
V8W 1E1
Telephone: (250) 361-9469
FAX: (250) 361-9429
Email: christopher@dgwlaw.ca
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Attorney General for Saskatchewan

Counsel
P. Mitch McAdam, Q.C.
Attorney General for Saskatchewan
820 - 1874 Scarth St
Aboriginal Law Branch
Regina, Saskatchewan
S3P 3B3
Telephone: (306) 787-7846
FAX: (306) 787-9111
Email: mitch.mcadam@gov.sk.ca
Agent
D.Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Manitoba Keewatinowi Okimakanak Inc.

Counsel
Kate Kempton
Kevin Hille
Olthuis, Kleer, Townshend LLP
250 University Ave.
8th floor
Toronto, Ontario
M5H 3E5
Telephone: (416) 981-9330
FAX: (416) 981-9350
Email: kkempton@oktlaw.com
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: Treaty Land Entitlement Committee of Manitoba Inc.

Counsel
Harley I. Schachter
Duboff Edwards Schachter Law Corporation
1900 - 155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 942-3361
FAX: (204) 942-3362
Email: schachter@dehslaw.com
Agent
Geneviève Boulay
Westaway Law Group
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 702-3042
FAX: (613) 722-9097
Email: genevieve@westawaylaw.ca

Party: Anishinabek Nation

Counsel
Cynthia Westaway
Geneviève Westaway
K.R. Virginia Lomax
Westaway Law Group
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 722-6339
FAX: (613) 722-9097
Email: cynthia@westawaylaw.ca
Agent
Esther De Vos
Westaway Law Group
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 722-3042
FAX: (613) 722-9097
Email: esther@westawaylaw.ca

Party: Wauzhushk Onigum Nation

Counsel
David G. Leitch
David Garth Leitch Professional Corporation
23 Edith Drive
Toronto, Ontario
M4R 1Y9
Telephone: (416) 573-8947
Email: dgl@dgleitch.ca
Agent
Christopher C. Rootham
Nelligan O'Brien Payne LLP
66 Slater St
Suite 1900
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelliganlaw.ca

Party: Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation

Counsel
Donald R. Colborne
1125 Fort street
Victoria, British Columbia
V8V 3K9
Telephone: (807) 344-6628
FAX: (807) 983-3079
Email: drcolborne@shaw.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation

Counsel
Brenda Gaertner
Peter Millerd
Erica Stahl
Mandell Pinder LLP
422 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: brenda@mandellpinder.com
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: Federation of Sovereign Indigenous Nations

Counsel
Ronald S. Maurice
Steven W. Carey
Maurice Law
300, 602 - 12th Avenue S.W.
Calgary, Alberta
T2R 1J3
Telephone: (403) 266-1201
FAX: (403) 266-2701
Email: rmaurice@mauricelaw.com
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: Atikameksheng Anishnawbek First Nation

Counsel
Ronald S. Maurice
Steven W. Carey
Maurice Law
300, 602 - 12th Avenue S.W.
Calgary, Alberta
T2R 1J3
Telephone: (403) 266-1201
FAX: (403) 266-2701
Email: rmaurice@mauricelaw.com
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: Kwantlen First Nation

Counsel
Tim Dickson
Robin A. Dean
Naomi Moses
JFK Law Corporation
340-1122 Mainland Street
Vancouver, British Columbia
V6B 5L1
Telephone: (604) 687-0549
FAX: (607) 687-2696
Email: tdickson@jfklaw.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 788-3559
Email: guy.regimbald@gowlingwlg.com

Party: Assembly of First Nations

Counsel
Stuart Wuttke
Assembly of First Nations
55 Metcalfe Street, Suite 1600
Ottawa, Ontario
K1P 6L5
Telephone: (613) 241-6789 Ext: 228
FAX: (613) 241-5808
Email: swuttke@afn.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Assembly of First Nations Quebec-Labrador

Counsel
Benoit Amyot
Cain Lamarre s.e.n.c.r.l.
814 Boulevard St-Joseph
Roberval, Quebec
G8H 1A4
Telephone: (418) 275-2472 Ext: 1203
FAX: (418) 275-6878
Email: Benoit.Amyot@cainlamarre.ca
Agent
David P. Taylor
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro

Party: Grand Council Treaty #3

Counsel
Bruce McIvor
Kate Gunn
First Peoples Law
55 East Cordova Street
Suite 502
Vancouver, British Columbia
V6A 0A5
Telephone: (604) 685-4240
FAX: (604) 283-9349
Email: bmcivor@firstpeopleslaw.com
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Party: Mohawk Council of Kahnawà:ke

Counsel
Francis Walsh
Stacey Douglas
Mohawk Council of Kahnawà:ke
P.O. Box 720
Mohawk Territory of Kahnawà:ke, Quebec
J0L 1B0
Telephone: (450) 632-7500
FAX: (450) 638-3663
Email: Francis.Walsh@mck.ca
Agent
Maxine Vincelette
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca

Party: Elsipogtog First Nation

Counsel
Donald E. Worme, Q.C.
Alisa R. Lombard
Aubrey D. Charette
Mark Ebert
Semaganis Worme Lombard
300 - 203 Packham Avenue
Saskatoon, Saskatchewan
S7N 4K5
Telephone: (306) 664-7175
FAX: (306) 664-7176
Email: dworme@swllegal.ca

Party: Chemawawin Cree Nation

Counsel
Catherine J. Boies Parker
Mark Underhill
John Trueman
Arvay Finlay LLP
816 - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 380-2788 Ext: 5
FAX: (888) 575-3281
Email: cboiesparker@arvayfinlay.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: West Moberly First Nations

Counsel
Reidar M. Mogerman, Q.C.
Naomi Kovak
Chya Mogerman
Camp Fiorante Matthews Mogerman
400-856 Homer Street
Vancouver, British Columbia
V6B 2W5
Telephone: (604) 689-7555
FAX: (604) 689-7554
Email: rmogerman@cfmlawyers.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Summary

Keywords

Aboriginal law - Fiduciary duty - Breach - Remedy of equitable compensation - Trial judge awarding First Nation equitable compensation for breach of fiduciary duty committed by federal Crown in connection with flooding of part of reserve - Award upheld on appeal - How should principles of equitable compensation, together with legal principles applicable to the Crown-Indigenous relationship, be applied to compensate Lac Seul First Nation for Canada knowingly and fundamentally breaching its fiduciary duty to Lac Seul First Nation by flooding its reserve land, without adhering to Indian Act requirements, depriving Lac Seul First Nation of the flooded reserve lands forever, and seriously and detrimentally affecting Lac Seul First Nation’s way of life?

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.

In an action initiated in 1991, the Lac Seul First Nation (“LSFN”) claimed damages from Her Majesty the Queen in right of Canada (“Canada”) for losses caused to it and its members as a result of the flooding of a part of its reserve following the construction of a dam where Lac Seul drains into the English River. The dam was completed in 1929, after Canada, Ontario and Manitoba had signed the Lac Seul Storage Agreement. As a result of the construction of the dam and the resulting flooding, nearly one-fifth of the Lac Seul reserve was rendered unusable - the water covers approximately 17 percent of the reserve. Timber was lost, graves were desecrated, homes and fields were destroyed, and portions of the reserve were severed from one another. Canada did not seek LSFN’s consent to surrender the land, nor did it take (or expropriate) the land. The Federal Court awarded the appellants $30 million in equitable compensation for breach of fiduciary duty committed by Canada. LSFN appealed, contending that the Federal Court erred in the assessment of the equitable compensation awarded, namely in the value it attributed to the flooded land. The majority dismissed the appeal. A dissenting judge would have allowed the appeal and remitted the assessment of equitable compensation for redetermination.

Lower court rulings

October 12, 2017
Federal Court

T-2579-91, 2017 FC 906

Canada declared to have breached its fiduciary duty to the applicants; applicants awarded $30 million in equitable compensation
June 10, 2019
Federal Court of Appeal

A-337-17, 2019 FCA 171

Applicants’ appeal dismissed

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Date modified: 2025-02-27