Alan Pratt

In a constitutional compliance review arising from Robinson-Superior Treaty augmentation litigation, the moving parties challenged both the Crown's engagement process and the compensation amount set after negotiations failed.

The court held that although aspects of engagement, including late disclosure of reliance on per-capita benchmarking against a related treaty settlement, caused serious relational harm, the reviewing role required deference to a range of honourable discretionary outcomes.

Applying a sui generis review framework grounded in honour of the Crown and reconciliatory justice, the court concluded the Crown's ultimate compensation determination of $3.6 billion plus agreed costs was justified in the legal and factual context.

The court therefore declined to intervene in the compensation decision while also addressing allocation issues between federal and provincial Crown responsibility in the reasons.

The Algonquins appealed a motion judge's decision to strike most of their claims against Ontario and the Métis Nation of Ontario regarding harvesting rights.

The core issue was Ontario's duty to consult and accommodate Algonquin interests before recognizing Métis communities and extending unlimited harvesting rights, which allegedly impacted Algonquin resources.

The Court of Appeal found the motion judge erred in striking claims for declaratory relief based on standing and in compelling the Algonquins to pursue judicial review instead of an action.

The court emphasized a generous approach to pleadings in Indigenous cases and that the duty to consult provides standing for consequential relief.

The appeal was allowed, reinstating most of the Algonquins' claims, while the cross-appeals by Ontario and the Métis Nation were dismissed.

The plaintiffs brought a motion for a representation order under Rule 10 of the Rules of Civil Procedure to appoint Chief Kirby Whiteduck to represent the 'Algonquins' in an action challenging Ontario's decision to grant harvesting rights to two Métis communities in a settlement area currently under treaty negotiation.

The Métis Nation opposed the motion, arguing the class was insufficiently defined and the proposed representative lacked authority.

The court found that the class of collective rights holders was sufficiently defined, the claim was collective in nature, and the balance of convenience favoured appointing the proposed representative.

The motion was granted.