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“?
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 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.
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