Canada broke its treaty promise, but Blood Tribe is barred from suing, Supreme Court rules

Justice Michelle O'Bonsawin, writing for the court, declared Canada's historic double dealing was "deplorable," but that the Blood Tribe failed to sue within the mandatory time frame.

The decision largely confirms the status quo and misses an opportunity to move the needle on reconciliation, said Kate Gunn, a partner at First Peoples Law, which represented Treaty 8 First Nations of Alberta as an intervener.

The claim revolved around Canada's admitted failure to set aside reserve lands for the band, also known as Kainai Nation, part of the Blackfoot Confederacy, about 200 kilometres south of Calgary.

"This conduct is deplorable and does not reflect the fundamental objective of the modern law of treaty rights, which is the reconciliation of Indigenous and non-Indigenous peoples and their respective claims, interests, and ambition."

Despite the barring of the claim, issuing the declaration highlighting the Crown's dishonourable breach of Treaty 7 has the practical effect of confirming the band's legal rights and encouraging the reconciling of a fractured relationship, she reasoned.

Both Maurice and Gunn noted with some optimism that the court didn't address whether provincial limitation periods are unconstitutional because they prevent the Crown from being held accountable for long-term, historic violations.