Thomas R. Berger

The Court held Yukon breached the Chapter 11 modern treaty land-use planning process by making major final-stage changes not properly proposed earlier and not grounded in changing circumstances.

Yukon’s approval was quashed, and the parties were returned to the s. 11.6.3.2 stage.

The Court rejected the Court of Appeal’s approach of resetting the process to an earlier stage and emphasized judicial restraint with robust legality review in modern treaty implementation.

The appellants, representing the Metis people of Manitoba, sought declarations that Canada breached fiduciary obligations and failed to act in accordance with the honour of the Crown in implementing land grant provisions under ss. 31 and 32 of the Manitoba Act, 1870.

The majority held that while no fiduciary duty arose, s. 31 constituted a solemn constitutional obligation to the Metis as an Aboriginal people, engaging the honour of the Crown.

The Crown failed to act with diligence in implementing the land grants, exhibiting a persistent pattern of errors and inaction over more than a decade that substantially frustrated the purpose of giving Metis children a head start over incoming settlers.

The claim was not barred by limitations or laches.