Canada, Ontario governments reach $10B settlement with the 21 Robinson Huron First Nations

The governments of Canada and Ontario have reached a proposed $10 billion settlement with the Robinson Huron Treaty Litigation Fund, representing the 21 Robinson Huron First Nations.

Since 2012, the Robinson Huron Treaty Litigation Fund, representing the 21 Robinson Huron First Nations mostly in northeastern Ontario, has been in litigation with the governments of Ontario and Canada for failing to increase annuities payments as the resource revenue in the treaty territory grew.

"In 2012, 21 First Nations in the Robinson Huron Treaty Territory came together to hold the governments of Canada and Ontario accountable through the courts, but we know reconciliation cannot be achieved in the courtroom,” said Duke Peltier, spokesperson for the Wiikwemkoong Unceded Territory.

“Canada and Ontario heard us and met us at the negotiation table to make this proposed settlement a reality."

The First Nations claim that under the Robinson Huron Treaty (RTH), 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.

The proposed settlement is to resolve claims related to past annuities – compensation that should have been paid for the past 170 years, since the treaty was signed in 1850. The proposed settlement includes $5 billion from Canada and $5 billion from Ontario to be paid to all 21 First Nations included in the Treaty.

The RHT is based on a nation-to-nation relationship between the people of Canada and First Nations of the area.

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Since mediation began all parties agreed to keep discussions related to the mediation confidential.

With this proposed settlement, it is important to note that it is for past compensation. The Crown will continue to distribute $4.00 to beneficiaries until an agreement is reached on the future implementation of the Augmentation Promise. The go-forward approach to resource revenue sharing and annuities will be negotiated after the finalization of the past compensation agreement.

“This proposed settlement is a major milestone in the process and a chance to renew our treaty relationship,” said Nipissing First Nation Chief Scott McLeod, in a statement Saturday.

“While also finally providing the compensation that makes it possible for the Robinson Huron First Nations to invest in a brighter future for their communities and grow the local economies in the Treaty territory.”

Chief Dean Sayers and other Indigenous leaders in attendance said the next step for the First Nations will be to begin a community engagement process with support of the Robinson Huron First Nations and Mizhinawe, an organization constructed by the RHT Litigation Management Committee. This process will begin over the summer and opportunity to engage with beneficiaries to share more information and answer questions about the proposed settlement. Following the consultations a report will be prepared and presented to Robinson Huron Chiefs and Trustees within the next 8 months.

"We have been calling on Canada and Ontario to honour the commitments they made in the Treaty for the last 170 years,” said Chief Sayers.

“Our communities have struggled economically, culturally, and socially because of this breach of Treaty. The compensation from this settlement will ensure a stronger and brighter future for our People and our Nations.”

Officials said, as with any negotiation process, there remains a risk that there may not be a final agreement and asked for patience as they venture into these next steps.

The Governments of Ontario and Canada will also need to complete their own internal approval processes to seek approval to sign the proposed settlement.

"The proposed settlement is long overdue. For over a century, the Robinson Huron Treaty First Nations have asked Canada to address broken promises, and work on building trust,” said Marc Miller, Minister of Crown–Indigenous Relations.

"There's a lot to learn for us as governments and there's a much more to learn for the segment of Canada, 95 per cent of that doesn't spend their waking hours living the Indigenous experience."

"Today's announcement of a proposed settlement is an important step in settling historic annuities through respectful and meaningful negotiations,” said MPP Greg Rickford, the Ontario Minister of Indigenous Affairs.

"There were legal milestones that occurred within the process and relationships that were evolving and we felt confident this was the time to take action."

When the case is finally resolved with approval from the courts, each of the 21 First Nations will get a share of the proceeds from the settlement. The collective nature of the annuity agreement from the Treaty requires funding and investment for community development as well as an individual component to the annuity. The First Nations will distribute this money to individuals. The amount each First Nation will receive has not yet been determined.

The compensation will be distributed to the leadership of the 21 First Nations based on a distribution agreement adopted by First Nation Chiefs and Councils. The First Nations will be responsible for determining distribution amounts to individual beneficiaries through a community process guided by the settlement agreement and the spirit of the Treaty.

“While there is still work to be done … My team and I are looking forward to visiting the communities in the coming weeks to share information about the settlement and hear directly from the members about how they want to see the terms of the settlement implemented in a way that will strengthen their communities today and for future generations of Anishinaabe people," said Harry LaForme, representing the Robinson Huron Treaty Litigation Fund.

Based on the proposed settlement agreement, all litigation related to the Treaty will be suspended.

Officials said this is an important step forward.

“Ontario is committed to renewing this important treaty relationship, and we would like to thank everyone involved as we continue to advance reconciliation and prosperity for Indigenous peoples,” said Rickford.

“The Treaty provides a framework for peaceful coexistence and sharing of resources. We see this settlement as an opportunity to show the commitment of both Canada and Ontario to respect and implement our rights affirmed in the Treaty," said Chief Sayer.

At this point, the final agreement has not been signed. The proposed settlement will not be final until it is approved by all parties and the claim for past compensation has been discontinued with the consent of the parties and by order of the Ontario Superior Court. 

With files from CTV News Northern Ontario Video Journalist Eric Taschner