2 total
Treaty rights enforceable at common law pre-1982; TLE claim statute-barred but declaration issued.
The appellants, members of the Blood Tribe, appealed a Federal Court of Appeal decision holding that their treaty land entitlement (TLE) claim under Treaty No. 7 was statute-barred under Alberta's six-year limitation period.
The Blood Tribe argued that no actionable cause of action for breach of treaty rights existed until s. 35(1) of the Constitution Act, 1982 came into force.
The Supreme Court held that s. 35(1) did not create a cause of action for breach of treaty rights — treaty rights flow from the treaty itself and were enforceable at common law from the date of execution.
Accordingly, the TLE claim was statute-barred.
However, the Court exercised its discretion to grant declaratory relief, finding that the Crown's dishonourable breach of Treaty No. 7 warranted a declaration to promote reconciliation, identify the Crown's misconduct, and assist in restoring the nation-to-nation relationship.
Motion to strike granted and leave to amend denied as an abuse of process.
The Crown brought a motion to strike the plaintiffs' Statement of Claim, and the plaintiffs brought a cross-motion to amend it.
The plaintiffs, descendants of the Papaschase Band, sought damages and an accounting of profits arising from the historical withdrawal of original band members from treaty via the acceptance of Métis scrip.
The Court held that the proposed amendments constituted an abuse of process because the essential claims had already been litigated and dismissed in earlier representative proceedings before the Alberta courts and the Supreme Court of Canada.
The Court granted the motion to strike and dismissed the motion for leave to amend, awarding costs to the Crown.
