1. Saskatchewan is the leading North American producer of lake-grown wild ricea premium

product owing to its large kernel size, dark colour, nutty flavour and organic growing conditions. Harvesting this rice other than on private lands and waterways may be done only by permits granted to Northern Saskatchewan residents. Kaiya unlawfullythat is, without a permitharvests rice on public lands jointly owned by Saskatchewan and Canada. Assume such an ownership arrangement is possible and that each government has an undivided half-interest in the lands. Using a valid search warrant, Saskatchewan officials seize the rice. Concerned it might perish, they sell it at auction for proceeds of $50,000 after seizure and storage costs. Kaiya is charged with an offence relating to harvesting the rice but the charges are stayed due to evidentiary problems. Kaiya thinks she is entitled to the $50,000 proceeds or a portion of them, but Saskatchewan officials refuse to pay her anything on the basis that the rice was harvested unlawfully. Canada has issued a letter saying that it "refuses to release its interest

[in the rice] to anyone other than Saskatchewan." Kaiya wants to know if she can sue Saskatchewan for the proceeds. If so, she also wants to know the likely outcome and how much she can recover.

Required:

Advise Kaiya, after carefully considering the relevant case law and arguments. (4 marks)