Blood Tribe wins massive land claim battle in Federal Court

Southern Alberta's Blood Tribe, the country's largest reserve, has won part of its 40-year land claim battle against the federal government.

On Wednesday, a Federal Court judge ruled in favour of the Blood Tribe, finding thatCanada shortchanged the band when the boundaries were drawn as part of1877's Treaty 7.

The reserve stretches 1,400 square kilometres across the southwestern Alberta prairie, from west of Lethbridgeand south to Cardston.

Justice Russel Zinnconsidered evidence including century-old government reports and maps, handwritten letters and oral history from Indigenous elders. In 2016, Phase 1 of the trial began on the Blood Reserve with elders giving an oral history of the First Nation.

Although Zinnruled the Blood Tribe should have been more than 160 square miles larger than its current size, he denied the band's bidto have its boundaries include specific land "between the rivers to the mountains."

• Blood Tribe seeks massive land claim in Federal Court

That territory would have includedeverything from the St. Mary River in the east all the way to the Waterton River in the west, and south to the U.S. border.

Lawyers for the First Nation also argued the town of Cardston and part of Waterton Lakes National Park should be included in its territory, but thatpart of the claim was rejected by Zinn.

Zinndid find thatthe band did not get all of the land promised by Canada, which used a formula to calculate how much territory it should get based on population. The judge found the Blood Tribe had a bigger population than what the government suggested and was entitled to more land as a result.

In a 205-page written decision,Zinn ruled Canada was in breach of Treaty 7 and that the Blood Tribe was entitled to710 square miles of land. The reserve is currently547.5square miles.

"Canada is liable to the Blood Tribe for this breach of treaty," wrote Zinn.

A separate hearing will now be scheduled to address compensation for the First Nation.

The government has 30 days to appeal the decision on what's become known asthe BigLandClaimto the Federal Court of Appeal and could take the case to the Supreme Court of Canada.

The chief and councillors for the Blood Tribesaid in a statement thatthey are hopeful the government will not appeal.

"The Blood Tribe trusts that given the history of the Big Claim that Canada will not be appealing this recent judgment and that there will be finality to this long outstanding treaty obligation."