Jim Shot Both Sides v. Canada, 2019 FC 789

CourtFederal Court (Canada)
Case DateJune 12, 2019
JurisdictionCanada (Federal)
Citations2019 FC 789
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10 practice notes
  • SO YOU WANT TO IMPLEMENT UNDRIP.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 4, September 2021
    • 1 september 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
    • 4 oktober 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
    • 4 oktober 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......
  • Canada v. Jim Shot Both Sides et al., 2022 FCA 20
    • Canada
    • Court of Appeal (Canada)
    • 10 februari 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......
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4 cases
  • Canada v. Jim Shot Both Sides et al., 2022 FCA 20
    • Canada
    • Court of Appeal (Canada)
    • 10 februari 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.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 29 juli 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......
  • Watson v. Canada, 2020 FC 129
    • Canada
    • Federal Court (Canada)
    • 28 januari 2020
    ...partially on the comments made by Drs. Miller and von Gernet, as well as case law. [68] Justice Zinn in Jim Shot Both Sides v Canada, 2019 FC 789 at para 94 [Shot Both Sides] recently summarized the difficulties a First Nation faces in presenting oral history evidence: The challenge a Band ......
  • Jim Shot Both Sides c. Canada,
    • Canada
    • Federal Court (Canada)
    • 12 juni 2019
    ...levés; par conséquent, que la défen-deresse n’a pas respecté sa promesse aux termes du traité et T-238-802019 FC 789Jim Shot Both Sides and Roy Fox, Charles Fox, Steven Fox, Theresa Fox, Lester Tailfeathers, Gilbert Eagle Bear, Phillip Mistaken Chief, Pete St......
1 firm's commentaries
  • Federal Court Of Appeal Overturns Limitations Ruling In Major Historic Treaty Claim
    • Canada
    • Mondaq Canada
    • 30 maart 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
    • 1 september 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
    • 4 oktober 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
    • 4 oktober 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
    • 1 april 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......
  • Request a trial to view additional results

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