We call upon the federal, provincial, and territorial governments to review and amend their respective statutes of limitations to ensure that they conform to the principle that governments and other entities cannot rely on limitation defences to defend legal actions of historical abuse brought by Aboriginal people
Why “Not Started“?
April 12, 2024: CBC – “Canada acted dishonourably by breaking its team obligations to the Blood Tribe in Alberta but the band is barred from suing by the provinces’s statute of limitations, the Supreme Court has ruled.”
NOTE: Indigenous Watchdog – So much for Reconciliation and the Honour of the Crown.
Oct. 26, 2023: First Peoples Law Report – Supreme Court’s granted leave to appeal in a case involving Treaty Rights and limitation law. (Jim Shot Both Sides appeal). See First Peoples’s Law Report Summary below: “Limitations Legislation and Treaty Rights at the Supreme Court“
On Feb. 17, 2022, the federal government invoked Alberta’s Statute of Limitations to challenge the ruling of the Federal Court that under the terms of the Blackfoot Treaty, the Blood Tribe was entitled to a larger reserve. “Canada appealed on the basis that the claim was barred by Alberta’s Statute of Limitations.”
On Mar. 9, 2021 the government of Manitoba introduced Bill 51 “The Limitations of Actions Act” that imposes an ultimate 30-year limitation period for Aboriginal and Treaty rights claims. The Bill also limits any claims before the Bill is passed to the previous 6-year limitation period. In drafting Bill 56 there was no consultation with First Nations.
Other governments have not initiated any legislative actions to review and amend their respective statutes of limitations.
On Jan. 11, 2019 The Minister of Justice and Attorney-General of Canada issued the Directive on Civil Litigation Involving Indigenous Peoples including Litigation Guideline 14 that addresses limitations and equitable defences. There have been no commitments from the provinces or territories either.
Current Status
Not Started
Call to Action
last updated
May 23, 2024
Latest Updates
Actions Against Statutes of Limitations
Rights and Remedies at the Supreme Court: Case Comment on Shot Both Sides v. Canada
FIRST PEOPLES LAW REPORT, 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……
May 23, 2024
Actions Against Statutes of Limitations
High court upholds time limits on filing of treaty-based lawsuits
The Supreme Court of Canada building in Ottawa, in June 2023. (Adrian Wyld/The Canadian Press) CBC Indigenous: Canada acted dishonourably by breaking its treaty obligations to the……
April 12, 2024
Actions Against Statutes of Limitations
Limitations Legislation and Treaty Rights at the Supreme Court: First Peoples Law Report
In the following post, my colleague Kate Gunn summarizes the points raised in our submissions at the Supreme Court last week, where we had the……
October 26, 2023
Actions Against Statutes of Limitations
The Supreme Court of Canada granted leave to appeal in a case involving Treaty rights and limitations law
First Peoples Law Report Summary 40153 Jim Shot Both Sides, et al. v. His Majesty the King (Federal) (Civil) (By Leave) Keywords Aboriginal law -……
February 7, 2023
Actions Against Statutes of Limitations
Statute of Limitations restricts who can apply for a claim in the Drinking Water class action lawsuit
Neskantaga First Nation’s chief says residents don’t support federal drinking water settlement CBC: Residents of some First Nations affected by unsafe drinking water can now……
April 29, 2022
Actions Against Statutes of Limitations
Federal Government invokes statute of limitations against Blood tribe in Alberta
Federal Government is challenging the ruling of the Federal Court that under the terms of the Blackfoot Treaty, the Blood Tribe was “entitled to a……
February 17, 2022
Actions Against Statutes of Limitations
Manitoba’s Bill 51 imposes unreasonable limitations on Aboriginal and Treaty rights claims
Assembly of Manitoba Chiefs – Bill 51 imposes an ultimate 30-year limitation period for a proceeding respecting existing Aboriginal and Treaty rights that are recognized and affirmed in……
March 9, 2021
Directive on Civil Litigation
Directive on Civil Litigation Involving Indigenous Peoples
Litigation Guideline #14: Limitations and equitable defences should be pleaded only where there is a principled basis and evidence to support the defence. Extinguishment, surrender,……
January 11, 2018