The plaintiffs, representing the beneficiaries of Treaty 3, brought a proposed representation action against the Crown alleging breaches of the treaty's education provisions and breach of fiduciary duty.
The plaintiffs moved for authorization to proceed as a representation action under Rule 12.08.
The Crown moved under Rule 21 to dismiss the action as non-justiciable and for failing to disclose a reasonable cause of action.
The court granted the Crown's motion and dismissed the plaintiffs' motions, finding that the breach of fiduciary duty claim was untenable, the necessary parties (the 28 Indian bands) were not before the court, and the breach of treaty claim as pleaded was a non-justiciable political dispute about education policy and funding.
