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The Blood Tribe First Nation will be able to appeal a decision regarding treaty lands, file photo. (Photo: Lethbridge News Now)

Blood Tribe can appeal land dispute decision

Feb 4, 2023 | 8:41 AM

STANDOFF, AB – A First Nation in southern Alberta will be able to take another step in a long-standing dispute over treaty lands.

On Thursday, February 2, 2023, the Supreme Court of Canada released its decision on the case of Jim Shot Both Sides et al v. HMTK, also known locally as the Big Claim. The high court found that the statute of limitations does not apply in this case, and granted the Blood Tribe First Nation a leave to appeal.

The Blood Tribe argues that the Government of Canada failed to implement the Treaty Land Entitlement (TLE) when Treaty 7 was signed in 1877.

A 2019 federal court decision found that, under the terms of the treaty, the First Nation was entitled to a reserve of 710 square miles, but was only given 547.5 square miles.

The federal government successfully appealed the 2019 decision, arguing that the Blood Tribe’s long-standing claim for a breach of treaty was limitations-barred. The latest decision, however, means that the First Nation can appeal this.

The Blood Tribe says in a news release that it “continues to fight to hold Canada to its treaty obligations, both through litigation as well as negotiation.”

Now that the leave for appeal has been granted, the next step for the Blood Tribe is to take this matter to the Supreme Court of Canada.

“We believed that this was a case that the Supreme Court of Canada would want to hear, as it raises important aspects of s.35 of the Constitution Act and the enforcement of treaty rights never before addressed by the Supreme Court. We were correct,” states the Blood Tribe First Nation news release.

A hearing date with the Supreme Court of Canada has yet to be determined.

READ MORE: Blood Tribe to bring land dispute to Supreme Court of Canada

READ MORE: Big land claim battle in federal court won by the Blood Tribe