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ARTICLE · 03 JULY 2017

SCC Denies Leave To Three Cases Holding That Statutory Limitations Apply To Aboriginal Claims

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On June 22, 2017, the Supreme Court of Canada refused leave to appeal in the cases of Chief John Ermineskin, et al v. Her Majesty the Queen in Right of Canada, et al, Chief Victor Buffalo et al v...

CanadaGovernment, Public Sector
Kevin O'Callaghan
Kevin O'Callaghan
David MacLean
David MacLean
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On June 22, 2017, the Supreme Court of Canada refused leave to appeal in the cases of Chief John Ermineskin, et al v. Her Majesty the Queen in Right of Canada, et al ("Chief John Ermineskin"), Chief Victor Buffalo et al v. Her Majesty the Queen in Right of Canada, et al. ("Chief Victor Buffalo"), and Chief Ronald Michel et al. v. Attorney General of Canada et al. ("Chief Ronald Michel").

Chief John Ermineskin and Chief Victor Buffalo were both the result of applicant First Nations surrendering their mineral interests in their reserve to the Crown in 1946. Both instances of surrender permitted the Crown to grant leases to oil and gas companies, who then paid royalties to the Crown in trust for the First Nations. In 1973, Canada developed a national strategy to deal with rapidly rising international oil prices. In 1989 and 1992 respectively, each of the First Nations brought an action in Federal Court asserting a number of claims against Canada arising from Canada's

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