The Sask. Court of Appeal has ruled that the Court of Queen’s Bench does have jurisdiction to hear a dispute between the Black Lake Denesuline First Nation and the Treaty #8 Benefits Board of Trustees.
A dispute arose over the administration of a federally negotiated agricultural settlement.
“Chief Archie Robillard and Councillor Raymond MacDonald became concerned with how the Trust was being administered. They made an application to the Court of Queen’s Bench. The Originating Application asks that the Trust Board be ordered to provide an accounting and fulfil certain duties owed by it under the Trust Agreement,” The Appeal Court said.
The five-member Trust Board countered arguing the Queen’s Bench did not have jurisdiction and that only the federal court could hear the matter. A Chamber’s decision last year found that the Trust Board was not federally defined, but was derived from a Trust Agreement, therefore not having exclusive federal jurisdiction.
The Trust Board appealed the Chamber’s Decision, but the Appeals Court dismissed the application.
In 2018, The Black Lake Denesuline First Nation and Canada entered into the Black Lake Denesuline First Nation Treaty #8 Agricultural Benefits Specific Claim Settlement Agreement Canada agreed to pay to the First Nation $91,266,965 to settle the claim.