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The federal Crown breached the honour of the Crown by failing to diligently implement Métis land grants promised in the Manitoba Act.
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.
Appeal allowed; statement of claim raising constitutional issues not struck out as outcome not plain and obvious.
The appellants appealed a decision striking out their statement of claim, which sought a declaration that various federal and provincial statutes were unconstitutional.
The Supreme Court of Canada allowed the appeal, holding that the test for striking out a statement of claim was not met, as the outcome was not 'plain and obvious' or 'beyond doubt'.
The Court found that the issues regarding the interpretation of the Manitoba Act, 1870 and the Constitution Act, 1871 were better determined at trial with a proper factual base, and that the subject matter was justiciable.