Guylaine Grenier

The appellants, representing the Metis people of Manitoba, sought declarations that Canada breached fiduciary obligations and failed to act in accordance with the honour of the Crown in implementing land grant provisions under ss. 31 and 32 of the Manitoba Act, 1870.

The majority held that while no fiduciary duty arose, s. 31 constituted a solemn constitutional obligation to the Metis as an Aboriginal people, engaging the honour of the Crown.

The Crown failed to act with diligence in implementing the land grants, exhibiting a persistent pattern of errors and inaction over more than a decade that substantially frustrated the purpose of giving Metis children a head start over incoming settlers.

The claim was not barred by limitations or laches.

The appellant appealed a decision dismissing his action based on absolute privilege and declaring him a vexatious litigant.

The Court of Appeal agreed with the application judge that the alleged statements were protected by absolute privilege and that the appellant had persistently and without reasonable grounds instituted vexatious proceedings.

The appeal was dismissed with costs.