The Attorney General of Canada sought summary judgment to dismiss a claim by Atikameksheng Anishnawbek First Nation, arguing that their request to re-delineate reserve boundaries constituted a collateral attack and abuse of process on a 1889 judgment (Francis).
The First Nation argued the Francis decision was unfair as they were not an equal party.
The court dismissed Canada's motion, exercising its residual discretion to allow the claim to proceed to trial, emphasizing that while re-litigation doctrines are important, justice and reconciliation, particularly for Indigenous rights, can override them when there was a structural unfairness in prior proceedings.
