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Robinson Huron Treaty Litigation Fund (RHTLF) Hosts Ceremony Honouring 174th Anniversary of 1850 Treaty Signing

Yesterday, the Robinson Huron Treaty Litigation Fund (RHTLF) held a ceremony and media availability on the final day of 2024 Robinson Huron Treaty (RHT) Gathering at the Anderson Farm Museum to commemorate the signing of the Robinson Huron Treaty of 1850. The event also celebrated the signing of the Settlement Agreement for Past Compensation, in the RHT annuities case and the distribution of the funds to the 21 RHT First Nations.

 

Hundreds of community members joined RHTLF leadership as we acknowledged and showed our appreciation for our neighbors and supporters that stepped-up to support the need for the Crown governments to honour their obligations and responsibilities set out in the Treaty, particularly the Augmentation Promise. The ceremony also featured acknowledgement for the role of the Elders and Keynotes from Assembly of First Nations National Chief Cindy Woodhouse Nepinak, and Anishinabek Nation Grand Council Chief Linda Debassige.

Correction: The release mistakenly stated that the Assembly of First Nations National Chief Cindy Woodhouse Nepinak was in attendance at the event, however, Chief Woodhouse-Nepinak was unable to attend. The National Chief’s keynote was delivered on her behalf by Chief Patsy Corbiere.

 

In 2012, the RHTLF – a Trust established by the 21 RHT First Nations to pursue the Annuity Claim — initiated litigation against the Crown in right of Canada and Ontario for violating the Augmentation Promise in the Treaty, which obligates the Crown to augment the annuity if resource wealth generated in the Treaty territory enables the government to do so without incurring a loss. The annuity was last augmented in 1874 to its current level of $4.00 per person per year.

 

The RHTLF and its Legal Team has been successful in its litigation strategy at every level of court, including the recent Restoule decision of the Supreme Court of Canada, issued on July 26, 2024.

 

After Anishinaabe wins in the Ontario Superior Court and the Ontario Court of Appeal, Canada and Ontario and have been working with the RHTLF at the negotiation table to find common ground for resolving the annuities case outside of the courts. On June 17, 2023, the RHTLF announced a $10 billion settlement to resolve claims related to past annuities.

 

The RHTLF Chiefs and Trustees met on January 3, 2024, and signed the Settlement Agreement. The agreement was shortly thereafter signed by Ontario Minister of Indigenous Affairs, Greg Rickford and the federal Minister of Crown-Indigenous Relations, Gary Anandasangaree.

 

On February 26, the Chief Justice of the Ontario Superior Court of Justice, Honourable Geoffrey B. Morawetz, issued a Judgment giving effect to the Settlement Agreement for Past Compensation, signifying that all the steps required to finalize the Settlement Agreement had been completed. The RHTLF received $10.0 B in compensation proceeds from the Crown, $5.0 B from Canada and $5.0 B from Ontario, which has been or is being distributed according to the Compensation Disbursement Agreement signed by the 21 RHT First Nations.

 

In the Restoule case, the Supreme Court of Canada was highly critical of the Crown for breaching the Treaty Augmentation Promise but commended the parties for achieving the Settlement Agreement for Past Compensation. It also urged the Crown to  return to the “Council Fire and rekindle the treaty relationship” with the Anishinaabe.

 

Now, the RHTLF is calling upon the governments of Canada and Ontario to return to the Council Fire, as directed by the Supreme Court, and address the go-forward implementation of the Augmentation Promise.

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