Jim Shot Both Sides v. Canada, 2019 FC 789

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2019 FC 789
Date12 June 2019
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12 practice notes
  • Shot Both Sides v Canada,
    • Canada
    • Supreme Court (Canada)
    • April 12, 2024
    ...JJ.A.), 2022 FCA 20 , 468 D.L.R. (4th) 98 , [2022] F.C.J. No. 151 (Lexis), 2022 CarswellNat 255 (WL), varying a judgment of Zinn J., 2019 FC 789, [2020] 1 F.C.R. 22 , [2019] 4 C.N.L.R. 19 , [2019] F.C.J. No. 892 (Lexis), 2019 CarswellNat 3618 (WL). Appeal allowed in part. Statutes a......
  • Shot Both Sides v. Canada,
    • Canada
    • Supreme Court (Canada)
    • April 12, 2024
    ... 2022 FCA 20 , 468 D.L.R. (4th) 98 , [2022] F.C.J. No. 151 (Lexis), 2022 CarswellNat 255 (WL), varying a judgment of Zinn J., 2019 FC 789, [2020] 1 F.C.R. 22 , [2019] 4 C.N.L.R. 19 , [2019] F.C.J. No. 892 (Lexis), 2019 CarswellNat 3618 (WL). Appeal allowed in  &nb......
  • SO YOU WANT TO IMPLEMENT UNDRIP.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 4, September 2021
    • September 1, 2021
    ...with Indigenous peoples are not contracts, at least for the purposes of limitations legislation: see e.g. Jim Shot Both Sides v Canada, 2019 FC 789 at paras 469-510; Restoule v Canada (Attorney General), 2020 ONSC 3932 at paras 122-51. And on at least one occasion, a court has granted a F......
  • Aboriginal Law and Indigenous Law in the Federal Courts of Canada
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...42 There have been components made similarly available in Blackfoot in Jim Shot Both Sides v R , 2019 FC 789, Plains Cree in Thomas v One Arrow First Nation , 2019 FC 1663 , and Cree in Watson v Canada , 2020 FC 129 . 43 See Thurton, above note 41 . [ 426 ] Aboriginal Law and Indigenous L......
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6 cases
  • Shot Both Sides v Canada,
    • Canada
    • Supreme Court (Canada)
    • April 12, 2024
    ...JJ.A.), 2022 FCA 20 , 468 D.L.R. (4th) 98 , [2022] F.C.J. No. 151 (Lexis), 2022 CarswellNat 255 (WL), varying a judgment of Zinn J., 2019 FC 789, [2020] 1 F.C.R. 22 , [2019] 4 C.N.L.R. 19 , [2019] F.C.J. No. 892 (Lexis), 2019 CarswellNat 3618 (WL). Appeal allowed in part. Statutes a......
  • Shot Both Sides v. Canada,
    • Canada
    • Supreme Court (Canada)
    • April 12, 2024
    ... 2022 FCA 20 , 468 D.L.R. (4th) 98 , [2022] F.C.J. No. 151 (Lexis), 2022 CarswellNat 255 (WL), varying a judgment of Zinn J., 2019 FC 789, [2020] 1 F.C.R. 22 , [2019] 4 C.N.L.R. 19 , [2019] F.C.J. No. 892 (Lexis), 2019 CarswellNat 3618 (WL). Appeal allowed in  &nb......
  • Canada v. Jim Shot Both Sides et al., 2022 FCA 20
    • Canada
    • Court of Appeal (Canada)
    • February 10, 2022
    ...(Treaty and Supplementary Treaty 7, September 22 and December 4, 1877, at p. 4, Appendix D of the Decision under appeal, 2019 FC 789, per Zinn J.). The Blood Tribe has long claimed that the size of the reserve did not accord with that promised by the Treaty and, in 1980, commenced an acti......
  • Chippewas of Saugeen First Nation et al. v. The Attorney General of Canada et al., 2021 ONSC 4181
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 29, 2021
    ...Wewaykum Indian Band v. Canada, 2002 SCC 79 , [2002] 4 S.C.R. 245 , at para. 13; Watson, at para. 268; Jim Shot Both Sides v. Canada, 2019 FC 789, [2020] 1 F.C.R. 22 , at para. 284.  [942]     SON does not put forward a definition of what would constitute a legal......
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1 firm's commentaries
  • Federal Court Of Appeal Overturns Limitations Ruling In Major Historic Treaty Claim
    • Canada
    • Mondaq Canada
    • March 30, 2022
    ...(the "1980 Action"). The 1980 Action was held in abeyance for many years before ultimately coming to trial in 2019 in the Federal Court (2019 FC 789). Decision of the Federal Among several other findings, the Federal Court determined that the size of the Blood Tribe reserve was understated ......
5 books & journal articles
  • SO YOU WANT TO IMPLEMENT UNDRIP.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 4, September 2021
    • September 1, 2021
    ...with Indigenous peoples are not contracts, at least for the purposes of limitations legislation: see e.g. Jim Shot Both Sides v Canada, 2019 FC 789 at paras 469-510; Restoule v Canada (Attorney General), 2020 ONSC 3932 at paras 122-51. And on at least one occasion, a court has granted a F......
  • Aboriginal Law and Indigenous Law in the Federal Courts of Canada
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...42 There have been components made similarly available in Blackfoot in Jim Shot Both Sides v R , 2019 FC 789, Plains Cree in Thomas v One Arrow First Nation , 2019 FC 1663 , and Cree in Watson v Canada , 2020 FC 129 . 43 See Thurton, above note 41 . [ 426 ] Aboriginal Law and Indigenous L......
  • A Brief History of the Federal Court of Appeal and the Federal Court
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...2020, according to court websites. About 53 percent of these are appointed by the federal government. 6 Jim Shot Both Sides v Canada , 2019 FC 789. 7 Tsleil-Waututh Nation v Canada (Attorney General) , 2018 FCA 153 [ Tsleil-Waututh Nation ] and Coldwater First Nation v Canada (Attorney Ge......
  • THE ROAD NOT TAKEN: RESERVING LANDS FOR EXCLUSIVE INDIGENOUS USE AND OCCUPATION.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 3, April 2021
    • April 1, 2021
    ...lands for Indigenous peoples was beyond reproach, even when unfettered by provincial complications. See e.g. Jim Shot Both Sides v Canada, 2019 FC 789 (reserve allocated to the Blood Band substantially smaller than Treaty 7 (126) At about the same time, Canada also negotiated and executed a......
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