BATCHEWANA—While Robinson-Huron Treaty Litigation Fund (RHTLF) representatives say they remain positive that negotiations with the federal and provincial governments will prove favourable for the 21 First Nations it represents in the Robinson Huron Treaty annuities case, no details have been provided thus far.
“We remain positive that the negotiations will result favourably for our 21 First Nations,” a letter from Batchewana First Nation Chief Dean Sayers and council dated April 20 indicates. “However, there are no details regarding amounts, or dates until a settlement has been reached.”
“In stage one of the Robinson Huron Treaty case, Justice Patricia Hennessy ruled in favour of 21 First Nation signatories in the Robinson Huron Treaty, that there is a mandatory obligation (of the government) to increase the collective annuity when the economic circumstances warrant. This means that as a collective, each First Nation would benefit from sharing in the payments from the escalator clause. These findings were upheld by the Ontario Court of Appeal in its decision,” the letter, which was published by Anishinabek News on April 20, explains.
“The 21 First Nations of the Robinson Huron Treaty have been successful in both stages one and two of the court proceedings and currently stage three has been adjourned to allow for negotiations,” the letter continues. “The Supreme Court of Canada appeal has also been delayed to see the parties work on a settlement outside of the court.”
“We are aware that treaty beneficiaries and community members are eager for updates on the progress of the case, and we ask that you look directly to the Robinson Huron leadership for information as it becomes available,” the letter continues.
“As stated, there has not yet been a settlement reached at this time so there are no dates or amounts that can be provided; however, we believe in the negotiation process and look forward to updating membership with information as soon as it becomes available.”
As was reported in the January 18 edition of The Expositor, stage three of the Robinson Huron Treaty annuities case had been officially adjourned for two weeks to allow Robinson Huron Treaty leadership, the province and Canada an opportunity to mediate a negotiated resolution.
Chief Dean Sayers, a spokesperson for the RHLTF explained at the time that the annuities case, which had been slated to commence January 16, had been officially adjourned to allow RHLTF leadership, Ontario and Canada the opportunity to mediate a negotiated resolution. “That has always been our hope and expectation. We have always wanted to come to a resolution outside of the court process.”
Patricia C. Hennessy, associate chief justice of the Supreme Court of Justice, “has also agreed to put stage three of the court proceedings on hold for two weeks for the mediation talks to take place,” Chief Sayers said in January.
The 21 Robinson Huron Treaty First Nations communities and the governments of Canada and Ontario are currently in litigation for breach of treaty. Under the treaty, annuities to the First Nations and beneficiaries were supposed to increase as resource revenues within the Treaty territory increased. However, the annuity increased only once, rising from $1.60 to $4 in 1875, and hasn’t increased since.
The negotiations, which had originally been scheduled for two weeks, have continued since January.
