The Attorney General of Canada brought an application to determine which Indian Bands were the beneficial owners of the Agency One Reserve, created in 1875 pursuant to Treaty 3.
The applications judge found that the reserve was set apart solely for the use and benefit of the Rainy Lake Bands, based on historical evidence including a 1908 surrender of land.
The Rainy River Bands appealed.
The Court of Appeal upheld the applications judge's decision on entitlement, finding it supported by the evidence.
However, the Court allowed the appeal and cross-appeal regarding costs, ordering the Crown to pay the bands' costs of the application on a substantial-indemnity basis due to its fiduciary role and its responsibility for the historical uncertainty.
