Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Karakatsanis, Andromache; Côté, Suzanne; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud; O’Bonsawin, Michelle; Moreau, Mary |
| Docket Number | 40619 |
| Date | 27 November 2024 |
| Court | Supreme Court (Canada) |
| Citation | 2024 SCC 39 |
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21 practice notes
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Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan,
...of Ontario, First Nations Child & Family Caring Society of Canada, Okanagan Indian Band and Assembly of First Nations Interveners 2024 SCC 39 Present: Wagner C.J. and Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal, O'Bonsawin and Moreau JJ. DOCKET: 40619 SUPREME COURT OF CANADA Aborig......
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Chaboyer v Saskatchewan Power Corporation,
...First Nation, 2010 SCC 53 at para 10, [2010] 3 SCR 103 [ Beckman]; see also Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39; Saskatchewan (Attorney General) v Witchekan Lake First Nation, 2023 FCA 105 at para 96, 482 DLR (4th) 352; Nunavut Tunngavik Incorporated v Canad......
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2025 BCSC 1490,
...to act as though the honour of the Crown is engaged: at paras. 63–66. 1715 In Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39, the majority found that the honour of the Crown can apply to a contract between an Indigenous group and the Crown when the purpose of the cont......
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Varley v. Canada (Attorney General),
...dimensions of justice, which can be called corrective and reconciliatory justice: Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 at paragraph 148 [Pekuakamiulnuatsh Takuhikan]. Corrective justice is mainly embodied in doctrines of private law. Its aim is to correct the......
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13 cases
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Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan,
...of Ontario, First Nations Child & Family Caring Society of Canada, Okanagan Indian Band and Assembly of First Nations Interveners 2024 SCC 39 Present: Wagner C.J. and Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal, O'Bonsawin and Moreau JJ. DOCKET: 40619 SUPREME COURT OF CANADA Aborig......
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Chaboyer v Saskatchewan Power Corporation,
...First Nation, 2010 SCC 53 at para 10, [2010] 3 SCR 103 [ Beckman]; see also Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39; Saskatchewan (Attorney General) v Witchekan Lake First Nation, 2023 FCA 105 at para 96, 482 DLR (4th) 352; Nunavut Tunngavik Incorporated v Canad......
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St. Theresa Point First Nation v. Canada,
...and 219-221 [Restoule]); and, in contractual relationships with First Nations (Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [Takuhikan]). The Honour of the Crown supports recognition of a duty enabling First Nations to hold Canada accountable, and further the objecti......
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Varley v. Canada (Attorney General),
...dimensions of justice, which can be called corrective and reconciliatory justice: Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 at paragraph 148 [Pekuakamiulnuatsh Takuhikan]. Corrective justice is mainly embodied in doctrines of private law. Its aim is to correct the......
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10 firm's commentaries
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SCC Clarifies How The Honour Of The Crown Affects (Re)negotiation Of "Reconciliation-based" Agreements With Indigenous Groups
...- Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 In Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan (Pekuakamiulnuatsh), the Supreme Court of Canada (SCC) ruled that Québec's refusal to renegotiate funding terms violated the principles of good faith and the h......
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Limiting Liability For Duties Of Good Faith: California Dreamin'?
...it a "principl[e] of public order that may not be derogated from by contract" in Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39. In all three of these cases, the Court held that the applicable duty of good faith could not be excluded by an entire agreement What of the......
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Is There A Duty To Negotiate Your Commercial Contract In Good Faith?
...Court of Canada had the opportunity to address this issue in late 2024 in its decision, Québec (AG) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 P.T. concerned a claim by the Band Council representing the Pekuakamiulnuatsh Innu First Nation in Mashteuiatsh (the "Band Council") against the Go......
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A Time For Honesty: Two Cases On The Temporal Limits Of The Duty Of Honest Contractual Performance
...would seem to allow for this possibility, consistent with recent cases like Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39, Royal Bank of Canada v. Peace Bridge Duty Free Inc., 2025 ONCA 54, along with the Court of Appeal's own seminal decision in Empress Towers Ltd. ......
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