The governments of Canada and Ontario “dishonourably breached” their sacred promises to the Anishinaabe of the upper Great Lakes by freezing annual treaty payments at $4 a person for 150 years, and it’s up to both parties to come to an agreement on how much is owed, the Supreme Court of Canada ruled Friday.

Toronto Star: OTTAWA—The governments of Canada and Ontario “dishonourably breached” their promises to the Anishinaabe of the upper Great Lakes by freezing annual treaty payments at $4 a person for 150 years, and it’s up to both parties to come to an agreement on how much is owed, the Supreme Court of Canada ruled Friday.

In a landmark ruling, Canada’s highest court slammed the Crown’s approach to the Robinson Treaties, forcing the two governments to negotiate an agreement with the beneficiaries of the Robinson-Superior treaty, who are seeking $126 billion in compensation, within six months.

“The Anishinaabe treaty partners have been tugging on the rope for some 150 years now, but the Crown has ignored their calls,” Supreme Court Justice Mahmud Jamal wrote in the unanimous decision. “The Crown has severely undermined both the spirit and substance of the Robinson Treaties.”

The Supreme Court of Canada has ruled in favour of the First Nations beneficiaries of the Robinson Treaties, finding that the Crown dishonourably breached the agreements by failing to increase the annual payments since 1875. Whitesand First Nation Chief Lawrence Wanakamik says he’s emotional about the court’s decision and what it will mean for his community. (July 26, 2024 / The Canadian Press)

At issue were two treaties signed in 1850 that gave the Crown sizable territories in northern Ontario in exchange for annual payments to the Anishinaabe people that were intended to increase as the land generated more wealth.

The payments were capped when they reached $4 a person in 1875, even though billions of dollars worth of resources have been extracted from the land since then through mining, forestry and fishing. Those who were supposed to benefit from the Robinson Treaties were deprived of their share of that wealth, while also being subjected to colonial policies and their legacies over the years, including movement onto reserves and the residential schools system.

“For almost a century and a half, the Anishinaabe have been left with an empty shell of a treaty promise,” Jamal wrote in Friday’s ruling, characterizing the governments’ conduct as a “mockery” of their promises.

Surrounded by a group of exhilarated treaty beneficiaries, Harley Schachter, a lawyer who has been on the case for 25 years, hailed the decision as a “victory for democracy” that affirms the government is not above the law.

Comparing the Crown’s approach to the treaties to a “fox in charge of a chicken coop,” he said, “After 175 years of abject and dishonourable neglect on the part of the Crown and refusing to honour their treaty obligations, the government’s chickens have now come home to roost.”

Whitesand First Nations Chief Lawrence Wanakamik, who choked back tears as he spoke, said Friday’s decision has been a “long time coming.”

“We have suffered all those years (with) no economic benefits to our community. It’s been hard over the years trying to make a whole community for Whitesand,” Wanakamik told reporters. “We do have other struggles to contend with, but you know, with this settlement … we’ll have a better community from this point on.”

That dispute has been ongoing since 1998, when First Nations that were parties to the treaties sued the governments of Canada and Ontario for compensation, arguing the terms they agreed to had been breached.

It took 20 years for Ontario’s Superior Court of Justice to rule the Crown violated the treaties and was obligated to increase annual payments. But as the lawsuit proceeded, the two sides disagreed on how compensation should be decided and how much was owed before the case reached Canada’s highest court.

The Ontario government, which had argued it did not owe anything, later insisted the compensation amount would be best resolved between the governments and the First Nations rather than by a court, pointing to a $10-billion settlement reached by the federal and provincial governments with the Robinson-Huron groups. But the Robinson-Superior Treaty beneficiaries argued they should receive up to $126 billion in total.

The Crown should have approached the question of increasing annual payments “diligently, honourably, liberally and justly, while engaging in an ongoing relationship with the Anishinaabe based on the values of respect, responsibility, reciprocity and renewal,” Jamal wrote.

The federal government said in a statement it welcomes the clarity Friday’s decision provides, which it will assess before proceeding.

“We are ready to move forward with the Robinson Superior Treaty First Nations and the Government of Ontario to try to find the common ground for reaching a negotiated agreement for past losses on treaty annuities,” said Jennifer Cooper, a spokesperson for Crown Indigenous Relations and Northern Affairs Canada.

A spokesperson for Ontario Attorney General Doug Downey told the Star it would be “inappropriate“ to comment because the original case, which has been stayed, is still before the courts.

The governments are now expected to enter negotiations on a settlement amount worth billions of dollars on behalf of up to 15,000 beneficiaries in as many as 12 First Nations. If the parties are unable to come to an agreement in six months, the dispute can return to the courts, where a compensation amount would be decided.

The First Nations’ message to the Crown, Schachter said, is to “come to the table with an open heart.”
By Mark RamzyOttawa Bureau

Mark Ramzy is an Ottawa-based general assignment reporter for the Star. Reach him via email: mramzy@thestar.ca

With files from Amy Dempsey Raven and Joy SpearChief-Morris.