Canada (Attorney General) v. Lameman [2008] 1 SCR 372

The plaintiffs are descendants of Papaschase Band that adhered to Treaty 6 in 1877. Some of the band members took "scrip" (a certificate exchangeable for land that was issued to Métis in the prairie provinces) in 1886, and the band's reserve lands were surrendered to the Crown in 1889. The remaining members joined the Enoch Band but continued to be entitled to the money from the sale of the reserve lands that the Crown held in trust. The plaintiffs alleged that the Crown had breached its treaty obligations by not providing sufficient reserve land and not providing farm implements and food during periods of famine. They also alleged that the consequences of taking scrip had not been explained and that the Indian Act requirements for surrender of reserve lands had not been followed. Breach of fiduciary duty for mismanaging the proceeds of sale of the reserve lands was also alleged. The Supreme Court decided that all the claims, except the claim for an accounting of the money received from sale of the reserve lands, were barred by the Alberta statute of limitations. The Court did not address the constitutional issues involved in the application of the provincial statute to the claims because notice of a constitutional question had not been given to the attorneys general of Canada and the provinces, as would have been required if constitutional issues had been raised.