[1] In Sahtu Secretariat Inc. v. Canada, (1999), 12 F.T.R. 30, a judge of the Trial Division declared that amounts payable to the Crown pursuant to clause 18 of a certain agreement between the Crown and Imperial Oil Limited dated July 21, 1944 are "royalties" as defined in the Sahtu Dene and Metis Comprehensive Land Claim Agreement (the "Sahtu Dene Agreement"), and ordered an accounting of sums payable to the Respondent as a result. The Crown appealed.

[2] The hearing of the appeal was scheduled for hearing on May 23, 2000. At the commencement of the hearing, the parties sought an adjournment on the basis that they were pursuing a settlement. The parties have now entered into an agreement pursuant to which the Crown will make a substantial payment to the Respondent, and the definition of "royalty" in the Sahtu Dene Agreement will be amended retroactively to exclude the payments in question. The amendment changes fundamentally the factual basis of the judgment under appeal, and the Respondent has agreed that it should be reversed. Accordingly, the Crown has moved, with the consent of the Respondent, for an order allowing the appeal. The motion will be granted.

"K. Sharlow"

J.A.

"I agree

Gilles Létourneau"

"I agree

J.D.Denis Pelletier"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-78-99

STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE SAHTU SECRETARIAT INCORPORATED

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES

REASONS FOR ORDER BY: The Honourable Justice Sharlow

DATED: September 10, 2002

WRITTEN REPRESENTATIONS BY:

James S. Peacock FOR THE APPELLANT

Michael P. Caroll, Q.C. FOR THE RESPONDENT

SOLICITORS OF RECORD:

GOWLING LAFLEUR HENDERSON LLP FOR THE APPELLANT

BARRISTERS & SOLICITORS

CALGARY, ALBERTA

DAVIS & COMPANY FOR THE RESPONDENT

BARRISTERS & SOLICITORS

VANCOUVER, B.C.

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Canada v. Sahtu Secretariat Inc., 2002 FCA 315

Citations2002 FCA 315

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2002 FCA 315