ROBINSON-HURON—The next step has been taken in the Robinson-Huron Treaty annuities case, with the trustees for the Robinson Huron Treaty Litigation Fund (RHTLF), which includes 21 First Nations including all those on Manitoulin Island, signing the settlement agreement last week.
“It is a major step and part of the overall process,” stated Chief Angus Toulouse of the Sagamok Anishnawbek. “The governments of Canada and Ontario have completed their initial internal approval processes, so we needed to have all our trustees sign the agreement.”
The RHLTF trustees for the 21 First Nation communities met on January 3 at the Manitoulin Hotel and Conference Centre in Little Current and signed the settlement agreement. The signed agreement will next be delivered to Ontario, to be signed by the Minister of Indigenous Affairs. Ontario will then transmit the signed agreement to Canada, to be signed by the Minister of Crown Indigenous Relations.
“We hope all of this will take place before the end of January,” said Chief Toulouse. He explained after this takes place, “then this will all be taken to the Ontario Superior Court Justice to release an order. And once this takes place it will then pretty much be it and will allow the funds to flow to our communities. In the meantime, our communities chief and council are holding engagement sessions to provide information and make decisions on fund disbursement at a local level.”
“No, we are not there yet (where the funds are distributed),” Chief Toulouse told The Expositor, but he said eventually each community will make their own decision on who the funds will be distributed.
As has been reported previously, on June 17, 2023 the RHLTF leadership and representatives of the governments of Canada and Ontario attended a ceremony and announced a proposed out-of-court settlement in the outstanding litigation around the 1850 Robinson Huron Treaty. Negotiations for the parties reached a proposed settlement that includes $5 billion from both Canada and Ontario, for a total settlement of $10 billion for past losses. This is a major milestone in ongoing collaborative work to renew the treaty relationship and honour a treaty promise that dates back to 1850.
The 21 Robinson Huron Treaty First Nations have litigation against Canada and Ontario for breach of treaty. The First Nations claim that under the Robinson Huron treaty, the collective annuity to the First Nations and beneficiaries should have increased over time as resource revenues within the treaty territory increased. The annuity increased only once, rising from approximately $1.70 per person to $4 per person in 1875, and hasn’t increased since.
Canada, Ontario and the 21 Robinson Huron Treaty First Nations have been working together at the negotiation table to find common ground for resolving these maters outside of the courts since April 2022.
The proposed settlement is an opportunity for Canada and Ontario to provide compensation to address past claims and to honour their treaty obligations and will support the Robinson Huron First Nations to invest in a brighter future for their communities and grow the local economies in the Treaty territory.
In 2014, the First Nations filed litigation relating to treaty annuities against the government of Canada and the government of Ontario.
In 2018, the Ontario Superior Court found that the Crown is obligated to increase the annuities provided under the Robinson Treaties to reflect the net revenue the Crown receives from resources harvested in the treaty territory.