Question Period Note: Jim Shot Both Sides Claim

• The Supreme Court of Canada released its decision for Blood Tribe’s appeal on April 12, 2024. The appeal was allowed, in part.

• Canada recognizes that negotiation is the best way to achieve an honourable resolution to the claim that is fair to both parties.

• We remain committed to addressing the harms of the past to build a stronger future for Indigenous Peoples and all Canadians.

The Blood Tribe, located in Southern Alberta, first submitted this claim in 1976 as a Specific Claim, and later filed the associated litigation, Jim Shot Both Sides, et al. vs. HMTQ, in 1980 with the Federal Court. The Blood Tribe alleged that the Crown breached its trust obligations by failing to properly calculate the band's population and, as a result, their reserve allotment was insufficient by 172.6 square miles. They also asserted that the preliminary 1882 survey is the definitive survey of the reserve, not the 1883 survey which was accepted by the Surveyor General and passed by Order in Council of the Privy Council.

The matter was pursued through Specific Claims with a series of submissions between 1996 and 2003. Canada rejected these claim submissions on the basis that no outstanding lawful obligation had been found.

In 2010, the claim moved into active litigation. Phase One of trial, which focused on the taking of elder evidence, was held in 2016 in Standoff, Alberta, on the Blood Reserve. Phase Two, the expert evidence and liability phase, was held in 2018 in Calgary.

After hearing these two phases, the Federal Court released its decision on June 12, 2019, which accepted the Blood Tribe’s claim in part. The Court found that Canada breached its Treaty 7 obligation to the Blood Tribe to provide reserve land in accordance with the Blood Tribe population in 1877, resulting in a 162.5 square mile treaty land entitlement (TLE) shortfall.

At trial the Court dismissed on the merits the plaintiffs’ “Big Claim”, which claimed lands west to the Rocky mountains and south to the international border; it found that the “1882 Survey Claim” was time-barred; however, it found that Canada breached its treaty obligation when it set aside a reserve that was 162.5 square miles smaller than that to which the Blood Tribe was entitled under Treaty 7 (the “TLE Claim”). The trial Judge concluded that before 1982, when Aboriginal and Treaty rights gained constitutional protection under s. 35 of the Constitution Act, 1982, the Blood Tribe could not have enforced its Treaty rights, and thus the TLE claim was not time barred.

Canada filed a Notice of Appeal on September 12, 2019 to get clarity on this legal issue. The decision was delivered February 10, 2022, and Canada’s appeal was allowed. The Federal Court of Appeal found that Treaties were enforceable prior to 1982. The honour of the Crown is the motivating principle of Aboriginal jurisprudence and compels the conclusion that the treaties were intended to create enforceable legal obligations. The decision resulted in a dismissal of the Blood Tribe’s action in Federal Court. The Federal Court of Appeal however pointed to the Specific Claims Tribunal as an alternative effective recourse the Blood Tribe could pursue to obtain remedies.

On April 11, 2022, the Blood Tribe filed an application for leave to appeal to the Supreme Court of Canada. The Supreme Court allowed the Blood Tribe’s application for leave to appeal and the hearing was held October 12, 2023 in front of a panel of seven judges. Eight First Nations and First Nations organizations and three provinces intervened. The Supreme Court rendered its decision on April 12, 2024, granting Blood Tribe’s appeal in part. The Supreme Court concluded that Section 35(1) of the Constitution Act, 1982 did not create a new cause of action for breach of treaty claims, and that limitation periods do apply to breaches of treaty in Alberta prior to the passage of the Act. The Supreme Court granted a declaration affirming that Blood Tribe’s reserve is 162.5 square miles smaller in area than what was promised in Treaty No. 7; and that Canada dishonourably breached the treaty land entitlement provisions of Treaty No. 7.

If pressed on what next steps are to resolve the claim
• Canada will continue to work with the Blood Tribe to try to resolve this claim.

If pressed on Canada’s response to the Supreme Court decision
• The Government of Canada respects the decision of the Supreme Court of Canada.

• Canada is reviewing the decision and will action next steps in accordance with the Supreme Court’s direction.

• Canada is committed to upholding the honour of the Crown in all its dealings with Indigenous peoples.