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ARTICLE · 21 NOVEMBER 2022

ABKB Decision Confirms That Constitutionally Protected Aboriginal Rights Are Captured By Limitation Defences

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Relying on limitations and laches, the Governments of Alberta and Canada (Crowns) applied for summary dismissal of a 2003 action commenced by the Stoney Nakoda First Nations (collectively)...

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Relying on limitations and laches, the Governments of Alberta and Canada (Crowns) applied for summary dismissal1 of a 2003 action commenced by the Stoney Nakoda First Nations (collectively) and the Stoney Indian Band or tribe (collectively, the Stoney) against the Crowns, wherein the Stoney sought a wide range of remedial relief as well as a declaration of Aboriginal title and rights to land in southern Alberta.

In granting partial summary judgment, the Court in Wesley2  referenced the Supreme Court of Canada's decisions in Manitoba Métis,3 Wewaykum,4 and  Lameman,5 and confirmed that Aboriginal claims are subject to provincial limitations legislation even where rights at stake are constitutionally protected, unless there is a claim for declaratory relief.

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