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“?
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.
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
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