Lac La Ronge Band and Montreal Lake Cree Nation v. HMTQ

A new decision from Judge Larry Whalen of the Specific Claims Tribunal was released on Sept. 5, 2014 in <i><a href="" title="Lac La Ronge Band and Montreal Lake Cree Nation">Lac La Ronge Band and Montreal Lake Cree Nation v. Her Majesty the Queen in Right of Canada</a></i>.

The claim brought by these two Treaty 6 First Nations from Northern Saskatchewan relates to timber harvesting rights they had surrendered to the Crown to sell on their behalf in 1904. The Claimants alleged that the Crown had breached its fiduciary obligations to them by permitting harvesting of this timber by trespass, failing to prevent unlicensed harvesting, failing to prosecute the offending harvesters, and failing to take enforcement measures available to it under the Indian Act, 1886. In this decision, the Tribunal found in favour of the Claimants with respect to the validity of their claim. The question of what loss if any the Claimants suffered as a result of the Crown's breaches of its fiduciary obligations still awaits to be determined.