Brendan Miller

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.

The Court considered whether a person charged under Alberta securities legislation carrying a maximum sentence of imprisonment of five years less a day, plus potential substantial fines, was entitled to a jury trial under s. 11(f) of the Charter.

The lower courts held that this penalty structure did not trigger the constitutional jury right.

The Court agreed substantially with the majority below and held that the appellant was not entitled to a trial by jury.

The appeal was dismissed.