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ARTICLE · 11 DECEMBER 2020

Supreme Court Of Canada Hears Argument In Historic Flooding Case

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The Supreme Court of Canada recently heard Lac Seul First Nation's ("LSFN") arguments in its appeal of the Federal Court of Appeal's decision in Southwind v. Canada.

CanadaLitigation, Mediation & Arbitration
Jessica Buhler
Jessica Buhler
Meaghan Conroy
Meaghan Conroy
Rangi Jeerakathil
Rangi Jeerakathil
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The Supreme Court of Canada recently heard Lac Seul First Nation's ("LSFN") arguments in its appeal of the Federal Court of Appeal's decision in Southwind v. Canada.

The Supreme Court of Canada's decision in this case could have significant implications for the damages owing to First Nations for flooding and other historical claims, particularly those involving the loss of use of reserve land.

The Supreme Court of Canada first addressed principles of equitable compensation for claims involving the Crown's breaches of fiduciary duties to First Nations in Guerin v. The Queen.

In Guerin, the Supreme Court of Canada recognized that the Crown owes a fiduciary duty to First Nations which requires it to act in the best interests of First Nations. The Court also assessed equitable compensation for the Crown's breaches of fiduciary duty in relation to land surrenders in accordance with the principle that the First Nation would have put the property at issue to the

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