Do provincial Crown fiduciary obligations and the provisions of paragraph 1 of the Saskatchewan Natural Resources Transfer Agreement (Saskatchewan Natural Resources Act, SC 1930, c. 41, at schedule) create an obligation on the provincial Crown with regard to a First Nation’s unfulfilled Treaty right to land and mineral? — Can a provincial Crown claim that First Nations’ interests created through unfulfilled Treaty rights to land and minerals given effect in a Treaty Land Entitlement Settlement Agreement be exempt from Crown obligations under paragraph 1 of the Natural Resources Transfer Agreement or a duty to consult? — Do the release provisions in Treaty Land Entitlement Settlement Agreement release the Crown’s overarching constitutional and fiduciary duties to First Nations, including the obligation of fair dealing? — Did Saskatchewan’s disposition of mineral rights without consultation engage a potential right or claim of the applicants under Treaty No. 4 between Her Majesty the Queen and the Cree and Saulteaux Tribe of Indians at Qu’appelle and Fort Ellice or the George Gordon First Nation Treaty Land Entitlement Settlement Agreement or both? — Does Canada have a duty to protect the applicants’ constitutional rights to lands and minerals under Treaty from actions of a provincial government? — dismissed 03/09/2023 — Supreme Advocacy acted as agent for the Applicant. — dismissed 03/16/2023 — Supreme Advocacy acted as agent for the Applicant.
Read the lower court decision from the SKCA here.