On March 8, 2012, Justice de Montigny released his reasons in
Ka'A'Gee Tu First Nation v. Canada, 2012 FC 297.
The decision was a sequel to two previous Federal Court cases,
Chicot v. Canada, 2007 FC 763 , and Chicot v. Minister
of Indian and Northern Affairs, 2007 FC 764 (collectively
"the Chicot decisions"). In the Chicot decisions, the
Court quashed a land use permit issued in the Northwest Territories
by the Mackenzie Valley Land and Water Board to Paramount Resources
Ltd. on the basis of a failure to properly consult with the
Ka'a'Gee Tu First Nation ("KTFN"). The Court
ordered Canada and the KTFN to revisit a portion of the
consultation process.
As a result of the Chicot decisions, the parties entered into a
consultation process that lasted nearly two years. Despite the
extensive nature of the consultations, the parties failed to reach
a consensus, primarily with regard to the amount and form of
compensation owed to the KTFN due to its potential land claim
