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Leave to appeal denied; complex constitutional and treaty interpretation issues should not be decided on a motion to strike.
The Attorney General of Canada sought leave to appeal an interlocutory order that dismissed its motion to strike portions of the plaintiffs' Statement of Claim regarding post-confederation annuity payments under a rectified treaty.
The motion judge had refused to strike the pleadings, reasoning that complex constitutional cases involving treaty interpretation should not be decided at the pleadings stage without a complete factual record.
The court denied leave to appeal, finding no reason to doubt the correctness of the motion judge's decision to allow the action to proceed to trial.
Appeal dismissed; land surrender found valid for the reasons given by the Court of Appeal.
The appellant First Nation appealed a decision upholding the validity of a land surrender.
The Supreme Court of Canada dismissed the appeal in a brief oral judgment, stating that the sole question was the validity of the surrender and expressing agreement with the reasons of the Court of Appeal.
