The plaintiff Indian Band brought a trespass action in the Federal Court against the defendant Indian Band regarding the use and occupation of a reserve, alleging the Crown breached its fiduciary and statutory duties.
The defendant Band moved to dismiss the action for want of jurisdiction.
The Supreme Court of Canada held that the Federal Court has jurisdiction under section 17(3)(c) of the Federal Court Act, as the dispute involves conflicting claims to an obligation owed by the federal Crown, and the claim is based on 'laws of Canada' including the Indian Act and the federal common law of aboriginal title.
