Saskatchewan (Minister of Environment and Resource Management) v. Landry, 2001 SKQB 424

• Judge: D.H. Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 27, 2001
• Jurisdiction: Saskatchewan
• Citations: 2001 SKQB 424;(2001), 210 Sask.R. 60 (QB)

Sask. v. Landry (2001), 210 Sask.R. 60 (QB)

MLB headnote and full text

Temp. Cite: [2001] Sask.R. TBEd. OC.005

In The Matter Of an order for possession pursuant to The Provincial Lands Act, R.S.S. 1978, c. P-31

Her Majesty the Queen in Right of the Province of Saskatchewan as Represented by the Minister of Environment and Resource Management (plaintiff) v. Wes Landry (defendant)

(1998 Q.B. No. 26; 2001 SKQB 424)

Indexed As: Saskatchewan (Minister of Environment and Resource Management) v. Landry

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

D.H. Wright, J.

August 27, 2001.

Summary:

Landry, a Treaty Indian, constructed and occupied a cabin on unsurveyed, unpatented Crown land near Lamp Lake. Landry had a right of access to the land for hunting, trapping and fishing. However, Landry did not have a disposition from the Crown under the Provincial Lands Act, respecting the land. The Crown sought an order of possession under the Act.

The Saskatchewan Court of Queen's Bench granted the writ of possession.

Administrative Law - Topic 2267

Natural justice - The duty of fairness - Reasonable expectation or legitimate expectation - Landry, a Treaty Indian, constructed and occupied a cabin on unsurveyed, unpatented Crown land respecting which he had a right of access for hunting, trapping and fishing - Landry had obtained a traditional resource permit for one year; however, the permit was revoked when the Crown discovered that the lands actually were subject to a "freeze" on development - The Crown sought possession of the land under the Provincial Lands Act - Landry raised the doctrine of reasonable expectation - The Saskatchewan Court of Queen's Bench rejected this argument, noting that Landry was given full opportunity to exercise his right of appeal - See paragraphs 23 to 26.

Crown - Topic 6886

Crown lands - Licences or permits to use - Renewal of - Landry, a Treaty Indian, constructed and occupied a cabin on unsurveyed, unpatented Crown land respecting which he had a right of access for hunting, trapping and fishing - Landry had obtained a traditional resource permit for one year; however, the permit was revoked when the Crown discovered that the lands actually were subject to a "freeze" on development - The Saskatchewan Court of Queen's Bench granted the Crown an order of possession of the land under the Provincial Lands Act - The court noted that Landry could have applied for a lease which would have allowed him to establish a permanent residence near his trap line - Regardless of the effect of the "freeze" on issuance of another permit, Landry's right to occupy the property ended upon cancellation of the permit - Also the fact that such permits were routinely renewed did not mean the Crown was obliged to do so - It was clear the government would never have allowed the permit to continue given its belated discovery of the freeze - The fact the Crown would allow exceptions to the freeze did not change that fact - See paragraphs 1 to 18.

Crown - Topic 6887

Crown lands - Licences or permits to use - Failure to obtain or termination of - Removal order - [See Crown - Topic 6886 ].

Fish and Game - Topic 843

Indian, Inuit and Métis rights - Right to hunt for food - Extent of right - Landry, a Treaty Indian, constructed and occupied a cabin on unsurveyed, unpatented Crown land respecting which he had a right of access for hunting, trapping and fishing - Landry had obtained a traditional resource permit for one year; however, the permit was revoked when the Crown discovered that the lands actually were subject to a "freeze" on development - The Crown sought possession of the land under the Provincial Lands Act - Landry argued that he had an existing Treaty right to build the cabin - The Saskatchewan Court of Queen's Bench granted the Crown an order of possession - The court held that Landry's use of the cabin fell outside the criteria established by the Supreme Court of Canada for traditional aboriginal activity - The cabin was constructed and used as a personal residence - Its use for trapping was very limited and completely secondary to its function as a wilderness home - See paragraphs 1 to 22.

Cases Noticed:

R. v. Simon, [1985] 2 S.C.R. 387; 62 N.R. 366; 71 N.S.R.(2d) 15; 171 A.P.R. 15, refd to. [para. 9].

R. v. Sundown (J.), [1999] 1 S.C.R. 393; 236 N.R. 251; 177 Sask.R. 1; 199 W.A.C. 1, refd to. [para. 10].

Reference Re Constitutional Question Act (B.C.), [1991] 2 S.C.R. 526; 127 N.R. 161; 1 B.C.A.C. 241; 1 W.A.C. 241, refd to. [para. 14].

Libbey Canada Inc. v. Ontario (Minister of Labour) and Hoy (1999), 118 O.A.C. 334; 169 D.L.R.(4th) 416 (C.A.), refd to. [para. 14].

Enterlake Air Services Ltd. v. Bissett Air Services Ltd. et al. (1991), 74 Man.R.(2d) 201 (Q.B.), refd to. [para. 14].

Newfoundland (Minister of Natural Resources) v. Quinlan (1999), 176 Nfld. & P.E.I.R. 63; 540 A.P.R. 63 (Nfld. C.A.), refd to. [para. 14].

Schwarz Hospitality Group Ltd. v. Canada (Minister of Canadian Heritage) (2001), 37 C.E.L.R.(N.S.) 295 (Q.B.), refd to. [para. 14].

Cook v. Alberta (Minister of Environmental Protection) (1999), 241 A.R. 25 (Q.B.), refd to. [para. 14].

Statutes Noticed:

Natural Resources Transfer Agreement, sect. 12 [para. 6].

Provincial Lands Act, R.S.S. 1978, c. P-31, sect. 2(d), sect. 8, sect. 9, sect. 26, sect. 81, sect. 82 [para. 7].

Treaty No. 6, 1930, generally [para. 5].

Counsel:

P.M. McAdam, for the plaintiff;

W. Landry appeared on his own behalf.

This case was heard before D.H. Wright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who rendered a decision on August 27, 2001, and delivered the following reasons for decision on September 13, 2001.