Saskatchewan Court of Appeal confirms per capita distributions may be seized for support arrears – MLT Aikins
October 27, 2025
The Saskatchewan Court of Appeal recently confirmed in Peepeekisis Cree Nation v. Whitecalf, 2025 SKCA 89, that per capita distributions paid out of specific claim settlements can be seized in certain circumstances for child support arrears.
Background
This case arose following the settlement of Peepeekisis Cree Nation’s agricultural benefits specific claim, relating to Canada’s failure to fulfil its Treaty 4 promise to provide agricultural benefits and instruction. The settlement monies were paid into a trust and eligible members of the First Nation were entitled to receive a per capita distribution, or “PCD,” from the settlement monies.
