Rights and Remedies at the Supreme Court: Case Comment on Shot Both Sides v. Canada – First Peoples Law LLP

May 23, 2024

The Supreme Court of Canada’s decision in Shot Both Sides marks the end of a decades-long effort on the part of the Blood Tribe to address Canada’s failure to fulfil its outstanding obligation to provide lands as promised under Treaty 7.

The decision raises troubling questions about when and under what circumstances Indigenous peoples can rely on Canadian courts to hold the Crown accountable for breaches of its legal obligations.

What It’s About

The Blood Tribe sued Canada in Federal Court for failure to set aside reserve lands as promised under Treaty 7.

Canada argued the Blood Tribe was out of time because the claim was started after the regular 6-year limitation period had expired. A limitation period refers to the time limit for starting a new legal claim in court. If a claim is started after the time limit has expired, the court cannot hear the claim, regardless of how strong it is.