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The court dismissed the municipality's claims of ownership over surrendered First Nation reserve lands.
This decision concerns a dispute over the legal and beneficial ownership of lands surrendered by several First Nations to Canada in 1908, known as the Unsold Surrendered Lands (USL), including the Point Park and associated roads in Fort Frances, Ontario.
The Town of Fort Frances sought summary judgment declaring it the owner of these lands or, alternatively, a public trust or entitlement to damages.
The First Nations, Canada, and Ontario opposed, seeking dismissal of the Town’s claims.
The court found that the Agency One Reserve was a validly created reserve, that the 1908 Order-in-Council (OIC) did not convey the USL to the Town by fee simple or public trust, and that the Town’s claims to the lands, roads, and damages were without merit.
The Town’s motion was dismissed, and the counterclaim struck.
Habeas corpus application dismissed as frivolous because parole inadmissibility is not a reviewable deprivation of liberty.
The Attorney General of Canada brought a motion to dismiss a habeas corpus application filed by an inmate serving an indeterminate sentence as a dangerous offender.
The inmate sought relief regarding his sentence and parole inadmissibility, alleging tainted evidence at his sentencing and Charter violations.
The court granted the motion and dismissed the application, finding it frivolous under Rule 6.11(2) of the Rules of Criminal Procedure because habeas corpus cannot be used to challenge parole inadmissibility or revisit sentencing issues, as these do not constitute an unlawful continued deprivation of liberty reviewable by this remedy.
