White Bear First Nations v. Canada (Minister of Indian Affairs and Northern Development) et al. 2012 FCA 224
Indians, Inuit and Métis - General - Duty owed to Indians by Crown (incl. fiduciary duties, consultation duties and honour of the Crown)
Litigation in the Federal Court involved the White Bear First Nations, the Ocean Man Band of Indians, the Pheasant’s Rump Nakota Band of Indians, and the Minister of Indian Affairs and Northern Development. The claim related to the allegedly wrongful amalgamation of those three Bands, the beneficial ownership of oil-rich lands and an accounting for and payment of past and future profits and royalties from those lands. The litigation involved, inter alia, entitlement to some $8 million held in White Bear’s account maintained by and with the Minister. The Minister decided to preserve two-thirds of that amount ($5.3 million) in a suspense account. The remaining one-third was available to White Bear. White Bear applied for judicial review.
The Federal Court, in a decision reported at [2011] F.T.R. Uned. 214, dismissed the application. White Bear appealed.
The Federal Court of Appeal allowed the appeal. The Minister breached his obligations, as trustee of the funds, and as fiduciary. The court quashed the Minister’s decision. However, the court stayed the execution of its order for 60 days to allow the Minister to apply for directions (Federal Courts Rules, rule 108). Stratas, J.A., agreed with the disposition for somewhat different reasons.
