Saskatchewan (Attorney General) V. Pasqua First Nation, File No. 37084, Supreme Court Of Canada, 22 December 2016

The Supreme Court of Canada dismissed a leave application in regards to the 2016 order of the Federal Court of Appeal (2016 FCA 133).

The underlying appeal concerns whether the Federal Court has jurisdiction over a claim by the Pasqua First Nation (PFN) relating to a treaty land entitlement agreement. The Federal Court of Appeal affirmed that the Federal Court possesses jurisdiction over the portions of the PFN's claim that allege a breach of Saskatchewan's obligations under the PFN Settlement Agreement. However, the portion of the claim which alleges a violation by Saskatchewan of its duty to consult with the PFN with respect to the grant of a subsurface lease fell outside the jurisdiction of the Federal Court, and the Court therefore allowed the appeal in part. Saskatchewan sought leave to appeal this...