Executive Summary: Key Legal and Evidentiary Issues

• Dispute centers on jurisdiction to hear Indigenous consultation claims relating to a federal industrial project.

• Attorney General of Canada challenged the Quebec Superior Court’s jurisdiction, arguing such matters belong exclusively to Federal Court.

• Superior Court rejected the declinatory exception and motion to dismiss, maintaining its jurisdiction.

• Application for leave to appeal raised serious constitutional and procedural issues under public law.

• The Quebec Court of Appeal found the question of federal jurisdiction significant and unresolved across Canadian jurisprudence.

• Leave to appeal was granted, and proceedings in Superior Court were stayed pending appellate review.

Facts of the case

The Mohawk Council of Kahnawà:ke initiated proceedings in the Quebec Superior Court seeking declaratory relief against the Government of Canada. The Council alleged that federal authorities had breached their constitutional duty to consult and accommodate the Mohawk community concerning the proposed construction and operation of a major industrial project. This obligation arises from section 35 of the Constitution Act, 1982, which protects Aboriginal and treaty rights.

In response, the Attorney General of Canada filed a declinatory exception and a motion to dismiss, asserting that the Federal Court of Canada—not the Quebec Superior Court—had exclusive jurisdiction over claims involving federal Crown duties to consult Indigenous communities. The Superior Court dismissed both motions, concluding it had jurisdiction to proceed with the matter. The Attorney General sought leave to appeal this jurisdictional ruling to the Quebec Court of Appeal.

Procedural history

The matter came before the Honourable Justice Patrick Healy of the Quebec Court of Appeal on April 10, 2025. The application was brought under articles 31 and 357 of the Quebec Code of Civil Procedure, which govern interlocutory appeals and challenges to jurisdiction in the course of proceedings. The Attorney General argued that the ruling caused irreversible prejudice and involved a serious question of law with broader implications for public governance and judicial authority.

Legal issues on appeal

At issue was whether leave to appeal should be granted to challenge the Superior Court’s refusal to decline jurisdiction. The core legal question concerned whether claims of federal breaches of the duty to consult Indigenous peoples must be brought in Federal Court, or whether provincial superior courts may also hear such claims. This engages longstanding tensions in Canadian constitutional and administrative law over the allocation of jurisdiction between federal and provincial courts, especially in matters involving Indigenous rights.

Court’s analysis and reasoning

Justice Healy granted leave to appeal. He acknowledged that while the Court expressed no opinion on the merits of the jurisdictional dispute, the Attorney General’s position reflected established jurisprudence suggesting that the Federal Court typically exercises jurisdiction in cases involving federal consultation obligations. The application met the legal threshold for appeal under article 31 C.C.P., particularly due to the public law significance of the jurisdictional issue and the need to clarify a point that had generated inconsistent rulings across Canadian courts.

The Court further emphasized the proportionality and procedural economy principles embedded in Quebec’s civil procedure. Delaying the resolution of a jurisdictional challenge until final judgment could cause undue cost, confusion, and inefficiency.

Disposition and outcome

The Quebec Court of Appeal granted leave to appeal and ordered a stay of the underlying proceedings in the Superior Court. The parties were directed to file memoranda in lieu of full appellate briefs, with fixed deadlines for submissions. A two-hour hearing was scheduled, with each party allocated 60 minutes for oral argument. Costs were deferred to the outcome of the appeal.

As a result, the litigation will pause until the Court of Appeal determines whether the Quebec Superior Court has jurisdiction to adjudicate the alleged breach of the federal duty to consult the Mohawk Council of Kahnawà:ke.