The Honour of the Crown in Aboriginal Land Issues: Manitoba Métis Federation Inc. v. R., 2013

Abstract

Promises of land allotments that the Crown made to Métis children in 1870 were fulfilled for some eligible children and partially fulfilled for others. This led to the Manitoba Métis Federation and seventeen individuals initiating action against the federal Crown, claiming that the Crown had breached a fiduciary obligation to the Métis and had failed to uphold the honour of the Crown by not executing its obligation diligently, which, in turn, had caused injury to a number of the children. At trial, upheld on appeal, the case was dismissed. The fiduciary obligation was deemed not to exist, the honour of the Crown had not been breached, and the action was barred by both statutes of limitations and the doctrine of laches. Overturning the decision, the Supreme Court of Canada, however, held that the honour of the Crown had been breached and statutes of limitations and the doctrine of laches did not apply. The case contributes to Canadian jurisprudence regarding the honour of the Crown in Aboriginal land matters. It is also of interest in international land administration and land restitution, given the current high incidence of grabbing of customary/Aboriginal land in many countries.