Treaty entitled Alberta First Nation to larger reserve: Supreme Court of Canada

An Alberta First Nation ended up with much less land than it ought to have obtained underneath a treaty made with the Crown nicely over a century in the past, the Supreme Courtroom of Canada has dominated.

In a 7-0 determination Friday, the highest court docket declared that the Blood Tribe was entitled to greater than 162 sq. miles of extra territory, saying the Crown “dishonourably breached” the treaty provisions.

Members of the Blood Tribe close to Lethbridge, Alta., had lengthy argued that Canada didn’t fulfil a promise made in 1877 to put aside a reserve with an space of 1 sq. mile for every household of 5 individuals.

In its determination, the Supreme Courtroom famous the Crown not too long ago acknowledged its breach of the land entitlement dedication.

Nonetheless, the court docket characterised the admission as an eleventh-hour concession in a protracted authorized dispute.

Underneath the treaty, the Blood Tribe was entitled to a reserve of 710 sq. miles in space, the court docket mentioned.

In offering a reserve of 547.5 sq. miles, Canada “dishonourably breached the treaty land entitlement provisions,” Justice Michelle O’Bonsawin wrote on behalf of the court docket.

“In the end, a declaration is a discretionary treatment that have to be thought-about inside the distinctive context of the authorized dispute at situation,” she mentioned.

A declaration the Blood Tribe was entitled to extra land will serve an necessary function in “figuring out the Crown’s dishonourable conduct, helping future reconciliation efforts and serving to to revive the honour of the Crown,” O’Bonsawin added.