Call to Action # 26

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

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