ARTICLE · 13 JUNE 2024

SCC Decision Shot Both Sides v Canada (Attorney General), 2024 SCC 12

Woodward & Company

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On April 12, 2024, the Supreme Court of Canada released its unanimous decision in Shot Both Sides v Canada.

CanadaGovernment, Public Sector

Alexis Giannelia

On April 12, 2024, the Supreme Court of Canada released its unanimous decision in Shot Both Sides v Canada.¹ The SCC held that treaty infringement claims were enforceable and actionable in Canadian courts prior to the coming into force of s. 35(1) of the Constitution Act, 1982,² and thus the claim was barred by limitations. However, the SCC held declaratory relief was warranted in the circumstances and issued declarations to restore the relationship between the Blood Tribe and the Crown and to promote reconciliation. The SCC's award of declaratory relief could have significant implications for First Nations in treaty entitlement and other historic cases, where a legal statement of rights, Crown duties, and confirmation that Crown conduct was dishonourable could help advance justice.

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