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Amalgamation of Chacachas and Kakisiwew bands declared unlawful; compensatory claims barred by limitation periods.
The plaintiffs, descendants of the historic Chacachas and Kakisiwew Indian Bands, sought declarations that their respective bands were unlawfully amalgamated into the Ochapowace Indian Band by the Crown in 1884.
The Federal Court held that the amalgamation was unlawful, as the Crown failed to obtain the consent of the bands in breach of its fiduciary duties and treaty obligations.
The Court granted declaratory relief regarding the unlawful amalgamation, but found that claims for treaty land and compensation were barred by estoppel and limitation periods.
