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Aboriginal law — Treaty rights — Indian reserves — Breach
Constitutional law — Aboriginal peoples — Treaty rights
(00:00:08) Summary
(00:00:09) Facts and Procedural History
(00:02:30) Disposition
(00:02:35) The judgment of the Court
(00:08:32) Reasons for Judgment: O’Bonsawin J. (Wagner C.J. and Côté, Rowe, Martin, Kasirer and Jamal JJ. concurring) – 1
(00:08:37) I. Overview – 1
(00:12:28) II. Facts – 6
(00:13:01) A. The Blood Tribe and Blood Tribe Reserve Number 148 – 7
(00:13:38) B. Treaty Number 7 and the Creation of Blood Tribe Reserve Number 148 – 9
(00:14:15) C. Locating and Surveying Blood Tribe Reserve Number 148 – 11
(00:16:16) D. Negotiations and Initial Legal Action – 15
(00:18:37) III. Procedural History – 20
(00:18:39) A. Federal Court – 20
(00:21:16) B. Federal Court of Appeal – 25
(00:23:44) IV. Issues – 29
(00:24:41) V. Analysis – 31
(00:26:00) A. The Scope of This Appeal – 33
(00:28:22) B. Was a Breach of the TLE Actionable in Canadian Courts Prior to the Coming Into Force of Section 35(1) of the Constitution Act, 1982? – 36
(00:29:05) (1) The Enforceability of Treaty Number 7 at Common Law – 37
(00:31:41) (a) Caselaw Demonstrates That Breach of Treaty Claims Were Actionable Pre-1982 – 41
(00:39:38) (b) Treaty Number 7 Was Enforceable and Actionable at Common Law – 51
(00:40:21) (2) The Impact of Section 35(1) of the Constitution Act, 1982 – 52
(00:45:19) C. Were the Limitation Periods in Alberta’s Limitation of Actions Act Effective to Bar the Blood Tribe’s TLE Claim Prior to the Coming Into Force of Section 35(1) of the Constitution Act, 1982? – 58
(00:47:55) D. The Availability and Scope of Declaratory Relief – 62
(00:49:26) (1) The Discretionary Nature of Declaratory Relief – 65
(00:52:19) (2) The Value of Declaratory Relief in Breach of Treaty Cases – 70
(00:55:05) (3) Declaratory Relief Is Warranted for the Blood Tribe – 75
(01:01:35) VI. Disposition – 84
