The applicant First Nations applied to register an arbitration award and for a declaration voiding releases and indemnities in their Treaty Land Entitlement Agreements pursuant to the Manitoba Framework Agreement (MFA).
An adjudicator previously found that Canada committed an event of default by halting the reserve creation process to consult with the Métis without first amending the MFA.
Canada acknowledged the default but argued the Court should exercise its discretion to decline the declaration.
The Federal Court directed registration of the award and issued the declaration, holding that Canada's unilateral change to the MFA process constituted a significant breach, and that refusing the remedy bargained for would be contrary to contractual justice and the honour of the Crown.
