SAULT STE. MARIE—The Robinson-Huron Treaty Litigation Management Committee has agreed there is still time to make changes to the $10 billion settlement annuity distribution plan. This comes after the Garden River First Nation leadership shared at a Robinson Huron Treaty celebration (173 years after the original signing [1850] of the treaty by its 21 First Nations, including all those on Manitoulin Island) this past Saturday that it has rejected what it feels is an unequal and unfair distribution plan proposed by the Robinson Huron Trust.
Garden River First Nation Chief Andy Rickard was quoted by CTV News that while some communities are smaller, his First Nation is one of the bigger communities. “If you were to do a distribution to membership, the bigger communities obviously won’t have as much to distribute to their members.” The First Nation also has concerns with half a billion dollars in lawyer fees and one billing for future court cases.
However, Chief Rickard also said there is time to hash out any challenges and any issues that his first nation has.
Duke Peltier, of Wiiikwemkoong Unceded Territory and one of the committee members said, “there is a threshold to amend agreements, amend provisions within the trust. It is a prerogative of the chiefs.”
With the concerns raised, the final signing of the proposed annuity settlement became an eligibility date for each member to qualify for their share of the trust.
The event held Saturday was a ceremony and media event on the final day of 2023 Robinson Huron Treaty Gathering in Sault Ste. Marie to commemorate the signing of the Robinson Huron Treaty of 1850. The event, which also celebrated progress towards the proposed settlement in the Robinson Huron annuities case, marked the close of the treaty gathering.
“Today is a moment for the Robinson Huron Treaty Anishinaabek to celebrate our treaty relations as Robinson Huron Anishinaabek and the governments of Canada and Ontario,” said Mike Restoule, chair of the Robinson Huron Treaty Litigation Fund in a release. “We have completed our approvals; we now await Canada and Ontario to complete their respective approvals. It is especially important as we move forward with the settlement that we hope is a symbol of the commitment of both Canada and Ontario to respect and uphold our inherent rights as Anishinaabek.”
Mr. Peltier said, “Treaties are the foundation of this country and the Robinson Huron Treaty Gathering is an opportunity to learn about what the Treaty of 1850 means for all of us, as First Nations Peoples and settlers. We welcome Canada and Ontario as we work together to strengthen our treaty relationship.”
Gary Anandasangaree, Minister of Crown-Indigenous Relations with the government of Canada said, “I am honoured to celebrate the treaty relationship with the Robinson Huron First Nations. Respect, reciprocity, responsibility and renewal are principles that keep your treaty alive and guide our relationship. As Canada continues to work with the communities to settle the historic grievances related to the annuities case, we must also work together to build opportunities for the generations ahead. I am committed to working with you on your priorities and the fundamental principles of the settlement as we move forward together.”
“Our government is proud to join leaders of the Robinson Huron First Nations to celebrate the 173rd anniversary of the Robinson Huron Treaty and recognize the efforts of all parties involved in the proposed annuities settlement,” said Greg Rickford, minister of Indigenous Affairs of Ontario. “Honouring the treaty relationship and working together in partnership with Canada and the Robinson Huron First Nations is key to advancing lasting reconciliation. Together, we have made strong progress toward creating a better future for Indigenous peoples across Ontario.”
Minister Rickford said most of the work to be done now is implementation, which will be carried out exclusively by the trustees, in cooperation with the leadership of each community. He said the settlement should be approved and finalized by the upper levels of the government in court later this year.
He also said he is hopeful that the chiefs can work together to rework the distribution amounts soon so that it does not delay the funding getting to community members.
In 2012, the 21 Robinson Huron First Nations initiated litigation against the Crown in right of Canada and Ontario for violating the promise in the Treaty to augment the annuity if resource wealth generated in the Treaty territory enabled the government to do so without incurring a loss. After Anishinaabe wins in the Ontario Superior Court and the Ontario Court of Appeal, Canada and Ontario have been working with the Robinson Huron First Nations at the negotiation table to find common ground for resolving the annuities case outside of the courts.
In June, representatives for the parties announced the proposed settlement to resolve claims related to past annuities, which includes a total settlement of $10 billion for past compensation.
The proposed settlement will not be final until it is approved by all parties and the claim for past compensation has been discontinued on consent of the parties and by order of the Ontario Superior Court. The Robinson Huron Chiefs and trustees have approved the agreement. The governments of Canada and Ontario are continuing to complete their own internal processes to seek approval to sign the proposed settlement. These processes are not expected to change the terms of the proposed settlement in any way.
The Robinson Huron Treaty Litigation Fund committee expects the $10 billion to be transferred to the trust by February.
