Question Period Note: Black River First Nation Litigation Claims

N.A.

• There are several claims involving Black River that are before the courts, at various stages.
• As these matters are before the courts, I cannot comment in detail at this time.

Reserve Land Formula Litigation
Black River First Nation is a signatory of Treaty 5. It asserts in its statement of claim, filed in 2007, that the land formula in Treaty 5 is disproportionate to that of other surrounding treaties in Manitoba and a breach of the Crown’s fiduciary duty. Treaties 1, 2, and 5 received only 160 acres per family of five, whereas Treaties 3, 4, and 6 all received 640 acres per family of five. Black River First Nation attempts to point out irregularities in their signing process in 1876, and lack of information about neighbouring treaty negotiations. The claim seeks declarations of breaches of fiduciary duty and the honour of the Crown and equitable compensation for the reserve land disparity.
The evidentiary portion of trial ran from November 4 – December 12, 2024. Canada argued limitations defences on coercive and compensatory relief, such as equitable compensation.
In Canada's final written arguments for trial filed on May 13, 2025, Canada noted that any arguments about the constitutionality of limitations defences require an NCQ. NCQs must be filed at least 10 days ahead of being heard.
In Black River’s reply of May 22, 2025, Black River said it was not arguing whether limitations defences are constitutional. During final oral arguments in trial on May 26-28th, the plaintiff indicated that it had reconsidered and now wished to file an NCQ. The plaintiff asked for the constitutionality arguments only to be adjourned so that it could file an NCQ and have it heard by the trial judge at a later date.
On June 3, 2025, Black River filed a motion to a for an extension of time to file the NCQ and further written submissions on the constitutionality of the limitations provisions of the Federal Courts Act and the Limitation of Actions Act (Manitoba).
Canada is opposing Black River’s motion on procedural grounds. The plaintiff’s materials provide no explanation for not having served a timely NCQ.
Aboriginal Title Litigation
This claim was filed on January 30, 2026 in the Court of King’s Bench of Manitoba.
This litigation claims that Treaty 5 did not surrender the Plaintiffs’ Aboriginal title to subsurface rights in their traditional territory.
The claims has recently been served on Canada and is under review. Manitoba Land and Waterways Litigation
This claim was filed on January 30, 2026 in the Court of King’s Bench of Manitoba against Manitoba Hydro, the Province of Manitoba and the Government of Canada.
In this claim, Black River FN seeks compensation for past, present, and future wrongful conduct and economic activities within the land and waterways of their traditional territory.

If Pressed: Black River’s Reserve Land Formula Litigation
• In this case, Black River asserts that the land formula in Treaty 5 is disproportionate to that of other surrounding treaties in Manitoba.
• In 2025 the Nation filed a motion to deal with certain legal issues after the allowable time within the litigation process and after the final arguments had already been heard in this matter.
• As these notices must be filed before final arguments are done, which is not the case here, we opposed the motion. If Pressed: Subsurface Aboriginal title litigation
• This claim was filed on January 30, 2026 in the Court of King’s Bench of Manitoba.
• The litigation claims that Treaty 5 did not surrender the Plaintiffs’ Aboriginal title to subsurface rights in their traditional territory.
• As this claim is at a very preliminary stage, it is not yet clear whether or how private landholder interests may be engaged.
• In all Aboriginal title litigation, the Government of Canada is committed to maintaining legal clarity and stability in land ownership while respecting Aboriginal rights and title, and the Court process.
• The claim is at a very preliminary stage and is currently under review. If Pressed: Manitoba Land and Waterways Litigation
• This claim was filed on January 30, 2026 in the Court of King’s Bench of Manitoba against Manitoba Hydro, the Province of Manitoba and the Government of Canada.
• In their claim, Black River First Nation seeks compensation for past, present, and future wrongful conduct and economic activities within the land and waterways of their traditional territory.
• The claim is at a very preliminary stage and is currently under review.