On February 2, 2023, the Supreme Court of Canada granted leave to appeal the Federal Court of Appeal's decision in Canada v Jim Shot Both Sides, 2022 FCA 20.
Kainai Nation (also known as the Blood Tribe) is part of the Blackfoot Confederacy, which entered into Treaty 7 with Canada in 1877. Kainai originally brought a claim against Canada in Federal Court in 1980 on the grounds that they had not received their full entitlement to reserve land under Treaty 7.
Kainai argued that Canada breached its Treaty promises and fiduciary duty when it failed to provide Kainai with reserve lands consistent with the promised reserve size in Treaty 7. In defence, Canada argued that the limitation period that applied to...
