Is Canada required to select land for the creation of an Indian reserve?
Saskatchewan, Canada
The following excerpt is from Bear v Saskatchewan, 2012 SKQB 232 (CanLII):
Canada argues that the selection of land for the creation of an Indian reserve is within its ultimate discretion. See Lac La Ronge Indian Band v. Canada, 2001 SKCA 109, 213 Sask. R. 1. I do not see the plaintiff as challenging that concept in this case but rather argue that Canada’s promises under the TLE settlement agreement with the plaintiff obligate Canada to follow a certain process that has not been complied with.
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