Mediation begins to resolve Robinson Huron Treaty litigation

There is renewed hope that a long-standing treaty dispute could be finally headed for a resolution.

Monday, officials announced mediation talks will begin with the Robinson Huron Treaty Litigation Fund (RHTLF) leadership and the governments of Canada and Ontario.

The Honourable Murray Sinclair, a former senator who served as the chief commissioner of Canada’s Indian Residential Schools Truth and Reconciliation Commission, will serve as mediator.

At issue is the fate of the treaty, signed in 1850 by 21 First Nations that promised to share resource revenue with First Nations in exchange for access to their territory.

While the treaty called for regular increases in revenue-sharing rates, the amount has not increased since 1875, when it was increased to $4 per person per year.

The federal and provincial governments have opposed the case in court and have disputed which level of government would be responsible for any award settlement.

The RHTLF said Monday an agreement has been reached to proceed with mediation.

“On Thursday, Justice (Patricia) Hennessy agreed to an adjournment which will delay Stage Three proceedings by two weeks to allow all parties to come together for settlement discussions,” the RHTLF said in a news release.

“Stage Three – the final stage of the Robinson Huron Treaty annuities case – was scheduled to begin today. This stage considers the remaining issues, including the amount of compensation – if any – that is owed to the beneficiaries. It would also decide whether liability to pay compensation lies with Ontario or Canada, or both.”

The decision to go to mediation follows a December meeting with the governments of Canada and Ontario to discuss treaty renewal and the ongoing annuities case.

“True reconciliation cannot be achieved in a courtroom,” Chief Dean Sayers of Batchewana First Nation is quoted as saying in the release.

“We are hopeful that with dialogue, we can reach a negotiated settlement of the annuities litigation with the Crowns.”

“Beginning the mediation process is an important step in the right direction,” said spokesperson Duke Peltier of Wiikwemkoong Unceded Territory.

“We hope to continue to work with the Crowns towards treaty renewal and a settlement.”

At this point, any details related to negotiations are confidential, the release said.

“More details may be released as available.”