H. Sandra Bang

An Indigenous band appealed from a summary judgment disposition concerning reserve lands sold in the 19th century without a lawful formal surrender.

The Court of Appeal held that there had been no surrender and that the claim was not barred by statutory limitation periods, but concluded that declaratory and possessory relief should nevertheless be refused.

The court applied public law discretion and equitable doctrines, emphasizing the band's historical acquiescence, the extraordinary delay in asserting the land claim, and the reliance of innocent third-party landowners who had held and developed the properties for generations.

The band was left to pursue its damages claims against the Crown.

The Crown appealed from the dismissal of its appeal from an acquittal on a provincial offences charge under s. 84.1 of the Highway Traffic Act.

The respondent's truck lost the dual wheels, hub and axle on one side as a single unit, but the wheels themselves did not separate from their fasteners.

Applying the modern approach to statutory interpretation, the court held that s. 84.1 addresses the specific public safety concern of "flying wheels" and applies only when the wheel itself separates from the vehicle.

Because the wheel fastening mechanism did not fail and only a larger assembly detached, the acquittal was properly upheld.