Blood Tribe continues fight to the Supreme Court to reclaim treaty land

STANDOFF, Alberta– After an appeals court upheld the Canadian federal government’s refusal to return land claimed by the Blood Tribe, the tribal government announced it plans to fight the ruling in the Supreme Court.

The tribe justified its decision, stating in a notice, “Canada acknowledges their past misdeeds and the severe impact on First Nations but then refuses to address their breaches in any meaningful way, shielding themselves from provincial limitations.”

The Blood Tribe, located in southern Alberta, is the largest First Nation reserve in Canada with approximately 546 square miles. The tribe claims it is historically entitled to 710 square miles, insisting the Canadian government shorted its reserve 160 square miles.

The Federal Court of Canada ruled in favor of the First Nation back in June of 2019 after a four decade-long legal process. The Blood Tribe claimed Canada withheld land that should have been a part of its reserve’s original territory under the Blackfoot Treaty of 1877.

But the decision was appealed to the Federal Court of Appeals, which released a decision in early February to uphold Canada’s position. It was argued the tribe brought the broken treaty claim to court too late. According to Alberta’s statute of limitations, if a claimant does not seek a remedial order within 10 years after the claim arose, the defendant may be immune to liability.

In a community notice released last week by the Blood Tribe’s Communications social media page, the tribe said Canada uses the statute of limitations as a main line of defense in treaty claims.

Canadian land claims usually fall under federal responsibility. According to the Constitution Act of 1930, Alberta must “transfer back to Canada unoccupied Crown lands necessary to allow Canada to settle claims with First Nations.”

Initially, when the federal court ruled in favor of the Blood Tribe, it determined the government was liable for breaking the terms in the Treaty of 1877. One of the broken terms was a failure to follow the Treaty Land Entitlement formula, which should have decided the size of the reserve.

Specifically, the Blood Tribe’s treaty term states, “Reserves would be provided on the basis of five persons per square mile; Indians would have the right to hunt on unoccupied land, subject to the Queen’s regulations.”

The Blood Tribe land reclamation journey stands among a swell in the Land Back Movement. Some tribes and First Nations across North America fight to hold their governments accountable for treaty rights, while others strategically plan and purchase land back.

In California, tribes acquired guardianship over redwood forests for preservation, while others like the Little Shell Tribeof Montana were granted federal recognition in December of 2019, but currently have no reservation in the state.

The next step for the Blood Tribe in its land back battle is to apply to the high court. According to the notice, the tribe’s lawyers are confident the Canadian Supreme Court will hear its case because the court has never before addressed enforcement of treaty rights.

JoVonne Wagner is a journalism student at the University of Montana.