PETER WATSON, SHARON BEAR, CHARLIE BEAR, WINSTON BEAR v. SHELDON WATSON, being the Heads of, 2020 FC 128

Date: 20200128 Dockets: T-2153-00 T-2155-00 Citation: 2020 FC 128 Ottawa, Ontario, January 28, 2020 PRESENT: The Honourable Mr.

Justice Phelan Docket: T-2153-00 BETWEEN: PETER WATSON, SHARON BEAR, CHARLIE BEAR, WINSTON BEAR and SHELDON WATSON, being the Heads of Family of the direct descendants of the Chacachas Indian Band, representing themselves and all other members of the Chacachas Indian Band Plaintiffs and HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER OF INDIAN AND NORTHERN AFFAIRS CANADA and THE OCHOPOWACE FIRST NATION Defendants Docket: T-2155-00 BETWEEN: WESLEY BEAR, FREIDA SPARVIER, JANET HENRY, FREDA ALLARY, ROBERT GEORGE, AUDREY ISAAC, SHIRLEY FLAMONT, KELLY MANHAS, MAVIS BEAR and MICHAEL KENNY, on their own behalf and on behalf of all other members of the Kakisiwew Indian Band Plaintiffs and HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER OF INDIAN AND NORTHERN AFFAIRS and THE OCHOPOWACE FIRST NATION No. 71 Defendants JUDGMENT FOR THE REASONS GIVEN, the Court adjudges and declares as follows: 1 .

The answers to the questions set out in the First Phase Order are the findings set forth in the Reasons for Judgment. 2 . In respect of the Watson Plaintiffs, the amalgamation of the Chacachas and Kakisiwew Bands was unlawful by virtue of the failure of the federal Crown to implement the promises of Treaty 4 in accordance with the honour of the Crown. 3 . The Plaintiffs and the Ochapowace First Nation No. 71 shall have their costs. 4 . The parties shall contact the Court within 90 days of this Judgment to establish a process to consider costs and to establish the process for the next phase of this litigation.

5 . The Court remains seized of this matter and the matter remains subject to the Court’s case management regime. blank “Michael L. Phelan” blank Judge