Supreme Court of Canada Decision: Aboriginal Law, Fiduciary Duty

The Supreme Court of Canada released the following decision 2021-07-16:

Southwind v Canada, 2021 SCC 28; File no. 38795

Case Brief

Part of First Nation’s reserve land flooded to power hydroelectricity generation without consent of First Nation, without compensation and without lawful authorization — Claim filed against Canada for breach of fiduciary duty and of obligations under Indian Act and applicable treaty — Trial judge concluding that Canada breached fiduciary duty to First Nation and awarding equitable compensation for loss of flooded land — Whether trial judge erred in assessment of equitable compensation.