Chippewas of Sarnia Band v. Canada (Attorney General)
Encyclopedia
Chippewas of Sarnia Band v. Canada (Attorney General), 195 D.L.R. (4th) 135, was a decision of the Court of Appeal for Ontario rendered on December 21, 2000. The plaintiff, an aboriginal nation
, claimed aboriginal title
to a four-square-mile parcel of land in and around the city of Sarnia, Ontario
. The Court of Appeal dismissed the claim, upholding the lower court's judgment although with different reasoning. The Chippewas of Sarnia sought leave from the Supreme Court of Canada
to appeal the decision, but leave was denied.
The Chippewas of Sarnia Band, legally an Indian Band pursuant to Canada's Indian Act
, is now known as Aamjiwnaang First Nation
.
The case is notable for two reasons.
First, the aboriginal group
was claiming ownership of privately held land. Previous aboriginal title claims, such as in Delgamuukw v. British Columbia
, had asserted title to crown land only, but here, the disputed Sarnia lands had been taken from the aboriginal group and then transferred (mostly) to private individuals and corporations. The Chippewas of Sarnia sought an order that the corporations vacate the land and return it to the Chippewas of Sarnia. With respect to land currently occupied by individuals (i.e. houses), the Chippewas did not ask that it be vacated, but instead sought financial compensation from the government.
Second, the case was certified under the Class Proceedings Act of Ontario for a defendant class. Typically in a class action
, it is a plaintiff class that is certified: for example, a large group of individuals who have been wronged by a single corporation, and each individual's claim against the corporation is similar enough that all the claims can be tried together. Here, there was one single plaintiff but many defendants (the putative owners of different sections of the four-square-mile parcel, along with others who had a putative interest to land in the parcel such as mortgagors or others registered pursuant to Ontario's land title system). This demonstrates the flexibility of the Class Proceedings Act.
Canadian Aboriginal case law
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
, claimed aboriginal title
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
to a four-square-mile parcel of land in and around the city of Sarnia, Ontario
Sarnia, Ontario
Sarnia is a city in Southern Ontario, Canada . It is the largest city on Lake Huron and is located where the upper Great Lakes empty into the St. Clair River....
. The Court of Appeal dismissed the claim, upholding the lower court's judgment although with different reasoning. The Chippewas of Sarnia sought leave from the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
to appeal the decision, but leave was denied.
The Chippewas of Sarnia Band, legally an Indian Band pursuant to Canada's Indian Act
Indian Act
The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
, is now known as Aamjiwnaang First Nation
Aamjiwnaang First Nation
The Aamjiwnaang First Nation is a First Nations community of about 850 Chippewa Aboriginal peoples. They live on the Sarnia 45 Indian Reserve, located on the shores of the St...
.
The case is notable for two reasons.
First, the aboriginal group
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....
was claiming ownership of privately held land. Previous aboriginal title claims, such as in Delgamuukw v. British Columbia
Delgamuukw v. British Columbia
Delgamuukw v. British Columbia [1997] 3 S.C.R. 1010, also known as Delgamuukw vs. the Queen is a famous leading decision of the Supreme Court of Canada where the Court made its most definitive statement on the nature of aboriginal title in Canada....
, had asserted title to crown land only, but here, the disputed Sarnia lands had been taken from the aboriginal group and then transferred (mostly) to private individuals and corporations. The Chippewas of Sarnia sought an order that the corporations vacate the land and return it to the Chippewas of Sarnia. With respect to land currently occupied by individuals (i.e. houses), the Chippewas did not ask that it be vacated, but instead sought financial compensation from the government.
Second, the case was certified under the Class Proceedings Act of Ontario for a defendant class. Typically in a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
, it is a plaintiff class that is certified: for example, a large group of individuals who have been wronged by a single corporation, and each individual's claim against the corporation is similar enough that all the claims can be tried together. Here, there was one single plaintiff but many defendants (the putative owners of different sections of the four-square-mile parcel, along with others who had a putative interest to land in the parcel such as mortgagors or others registered pursuant to Ontario's land title system). This demonstrates the flexibility of the Class Proceedings Act.
See also
- The Canadian Crown and First Nations, Inuit and MétisThe Canadian Crown and First Nations, Inuit and MétisThe association between the Canadian Crown and Aboriginal peoples of Canada stretches back to the first interactions between North American indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and aboriginal tribes...
Canadian Aboriginal case law
- Numbered TreatiesNumbered TreatiesThe numbered treaties are a series of eleven treaties signed between the aboriginal peoples in Canada and the reigning Monarch of Canada from 1871 to 1921. It was the Government of Canada who created the policy, commissioned the Treaty Commissioners and ratified the agreements...
- Indian ActIndian ActThe Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
- Section Thirty-five of the Constitution Act, 1982Section Thirty-five of the Constitution Act, 1982Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...
- Indian Health Transfer Policy (Canada)Indian Health Transfer Policy (Canada)The Indian Health Transfer Policy of Canada, provided a framework for the assumption of control of health services by Aboriginal Canadians and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into...