The Trustees of the Ginoogaming First Nation Timber Claim Settlement Trust sought the court's opinion, advice, and direction regarding the interpretation of Article 12.5 of the Trust Agreement.
Specifically, they asked whether per capita payments should be made to individuals who would have been entitled to band membership on the voting day (December 15, 2001) but for discriminatory provisions of the Indian Act, and if so, whether the 20-year time limit for claiming payment applied.
The court, applying principles of trust and contractual interpretation, found that the plain meaning of the Trust Agreement limited payments to those whose names appeared on the Band List on the specified voting day.
It concluded that subsequent amendments to the Indian Act, which rectified historical discrimination, did not retroactively confer membership rights for the purpose of this specific trust distribution.
Consequently, the payments were not extended to individuals who became members after December 15, 2001.
The second question regarding the time limit was not addressed.
