Pasqua First Nation V. Canada , 2017 FC 655, Federal Court (Boswell J.), 5 July 2017

Download the entire Aboriginal Legal Issues e-Newsletter — July 12, 2017.

The Federal Court dismissed an application by a Saskatchewan First Nation for an order of "advance costs".

The Pasqua First Nation commenced the underlying proceeding in June 2014 alleging that Canada and Saskatchewan had failed to fulfill outstanding Treaty obligations, and had not properly implemented and fulfilled their obligations under the Pasqua Band Treaty Entitlement Settlement Agreement.

Saskatchewan applied to strike out the claim on the basis that the Federal Court did not have jurisdiction over the matters. This motion was dismissed by the Federal Court, but granted in part by the Federal Court of Appeal (2016 FCA 133). In December 2016, the Supreme Court of Canada dismissed applications for leave to appeal brought by both Saskatchewan and the Pasqua First Nation (summarized in our e-Newsletter of 2 March 2017).

At...