TREATIES AND AGREEMENTS - Construction and interpretation - Treaty moneys and annuities

Law360 Canada ( November 20, 2025, 9:59 AM EST) -- Appeal by Peepeekisis Cree Nation (Nation) from chambers judge’s decision regarding seizure of Settlement Agreement monies. Stonechild was a member of the Nation. He was obligated to pay child support to Ms. Whitecalf under the terms of an order of a judge of the Court of King’s Bench (Maintenance Order). Stonechild, like other members of the Nation, was to receive a one-time payment of $30,000 from the monies paid by Canada to the Nation under the Peepeekisis Cree Nation No. 81 Treaty 4 Agricultural Benefits Settlement Agreement (Settlement Agreement) (Stonechild’s Share). The Maintenance Enforcement Office (MEO) sought to enforce the Maintenance Order by seizing Mr. Stonechild’s Share on behalf of Ms. Whitecalf using the procedures under The Enforcement of Maintenance Orders Act (EMOA). The chambers judge held that the Nation needed to remit Stonechild’s Share to the MEO (Chambers Decision). The Nation appealed from that decision. On appeal, the two issues were raised: whether the chambers judge erred in finding that Stonechild’s Share was subject to seizure under the EMOA; and whether Stonechild’s Share was not exempt from seizure under s. 89 of the Indian Act....
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