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First Nations land treaty costs award overview:
- Who: The Alberta Court of King’s Bench has awarded more than $1 million in costs to the Canadian government and more than $280,000 in costs to Alberta’s government following the dismissal of claims brought by the Sturgeon Lake Cree Nation.
- Why: The costs were awarded following the dismissal of land entitlement claims brought by the Sturgeon Lake Cree Nation.
- Where: The case was in the Alberta Court of King’s Bench.
The Canadian and Albertan governments have been awarded more than $1 million in costs following land entitlement claims brought by a First Nations group, while the province of Alberta has been awarded more than $280,000.
The Alberta Court of King’s Bench issued the cost awards to Canada and Alberta, following an application to dismiss claims over a Treaty Land Entitlement (TLE) agreement between Canada, Alberta, and the Sturgeon Lake Cree Nation, reports The Lawyer’s Daily.
The Sturgeon Lake Cree Nation had reportedly released Canada and Alberta from claims—which the judge overseeing the case called “spurious”—arising under Treaty 8 of the TLE, which was agreed to in 1990.
The First Nations group was unsuccessful in both its attempt to appeal the judge’s decision to dismiss and its attempt at seeking leave to appeal, reports The Lawyer’s Daily.
Canada and Alberta both reportedly submitted a bill for costs back in November 2020, including an undertakings application, stay applications, and notice to admit application, among other things.
Sturgeon Lake Cree Nation had asked for amount of costs awarded be reduced
The Sturgeon Lake Cree Nation had asked for the amount of costs awarded to Canada and Alberta be reduced, arguing doing so would be in the best interest of the public and access to justice, reports The Lawyer’s Daily.
Alternatively, the Sturgeon Lake Cree Nation reportedly requested that the court exercise discretion in the event it decided to award costs, arguing that the agreement issue “was only a small part of the overall claim.”
The court, meanwhile, determined that there had been misconduct in the Sturgeon Lake Cree Nation’s stay applications, calling them “unfounded, frivolous, and vexatious,” reports The Lawyer’s Daily.
In October, the Assembly of Manitoba Chiefs – First Nations Family Advocate Office filed a class action lawsuit against the Government of Manitoba and the Attorney General of Canada over claims they failed First Nations children in Manitoba’s child welfare system.
Do you agree with the court’s decision to award costs to Canada and Alberta? Let us know in the comments!
The Sturgeon Lake Cree Nation were represented by Alex Yiu and Glenn Epp of Ackroyd LLP.
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