Wawatie c. PF Résolu Canada Inc.

In the face of the respondent logging company's injunction application, the defendants brought a counterclaim asserting Aboriginal title over the entire watershed of the Outaouais river and sought to have the logging permits granted to PF Résolu cancelled. The Superior Court dismissed this counterclaim on the basis that it lacked connectivity to PF Résolu's injunction application for two reasons: first, the defendants' Aboriginal title had not yet been recognized and the plaintiff company was in no position to recognize it, and the counterclaim could not be directed against the Government of Québec as a third party; second, the defendant band members had failed to prove that they had been properly mandated to bring forward a claim to the collective right of Aboriginal title on behalf of their band. On the contrary, the evidence was that the band had been made aware of the logging permits when they were issued to PF Résolu and brought no challenge against their issuance. In contrast to the Superior Court, the Court of Appeal found that the counterclaim was not doomed to fail on the basis of whether or not the defendant band members had a right to bring forward the claim for Aboriginal title, with the appellate court finding that this question remains open. However, the Court of Appeal held that this was a secondary issue as in its view the counterclaim could only be brought against the Crown as it is the Crown that owes constitutional duties to Aboriginal peoples and not the plaintiff PF Résolu. On this basis, the Court of Appeal upheld the Superior Court's ruling dismissing the counterclaim as being bound to fail.