The Missanabie Cree First Nation moved to certify a class action on behalf of all Treaty 9 First Nations, seeking declarations and damages for alleged breaches of treaty obligations by Canada and Ontario.
The defendants opposed certification on the sole ground that a class action was not the preferable procedure.
The court held that the collective nature of treaty rights is incompatible with the opt-out mechanism of a class action, which risks fragmented outcomes and multiple proceedings.
The court found that a representative action, which allows individual First Nations to participate on their own terms without risking parallel interpretations, is a reasonably available and superior alternative.
The motion for certification was denied.
