Our Annuities Trial
Our Annuities Case – RHT LITIGATION FUND UPDATE By Laura Sharp, Associate, Nahwegahbow Corbiere
Overview The Robinson Huron Treaty (RHT) was signed on September 9, 1850. The Treaty promises annuities payments to beneficiaries of the Treaty. The Treaty also contains an ‘augmentation clause’—a provision that states the annuities would be increased if the Crown could do so without incurring a loss. The annuity payments were increased from approximately $1.60 per person to $4.00 in 1874. The annuity payments have not been increased since. In 2014, the Robinson Huron Treaty Anishinaabe sued the governments of Canada and Ontario for breach of Treaty, breach of the honour of the Crown and breach of fiduciary duty for the Crown’s failure to increase the annuity. The Robinson Huon Treaty case is being heard alongside a similar case brought by two First Nations under the Robinson Superior Treaty (RST), which contains the same augmentation clause.
Due to the many complex issues and volume of evidence involved, the trial was divided into three separate stages to be argued before Justice Patricia Hennessy in order to make the process more manageable. Stage One was focused on whether the First Nation Treaty parties have a collective right to have increased, from time to time, the promised annuity payment if the net Crown resource revenues from the territory permit the Crown to do so without incurring loss. In December 2018, the decision was released ruling in favour of the First Nation plaintiffs. Stage Two of the trial considered Crown defences, including Crown immunity and limitations. In June 2020, the First Nation plaintiffs again received a favourable ruling. Ontario has appealed both the Stage One and Stage Two decisions to the Ontario Court of Appeal. These appeals were heard in the Spring of 2021. A decision on the appeals is expected sometime in late 2021. The Ziigwan (Spring) 2022 issue of E-Wiindamaagejig: The Robinson Huron Treaty Times will contain an update on the appeal decisions.
TO HELP THESE EFFORTS, YOU CAN WRITE A LETTER TO YOUR PROVINCIAL MPP, PREMIER DOUG FORD, AND THE HONOUR ABLE GREG RICKFORD, ONTARIO MINISTER OF INDIGENOUS AFFAIRS TELLING ONTARIO TO NEGOTIATE A SETTLEMENT AND UPHOLD THEIR RESPONSIBILITIES TO THE ROBINSON-HURON TREATY. A LETTER CAMPAIGN HAS BEEN LAUNCHED ON OUR WEBSITE, WWW.ROBINSONHURONTREATY1850.COM/ABOUT-US, WHERE YOU CAN EASILY JOIN US TO CALL ON ONTARIO TO NEGOTIATE AN AGREEMENT THAT WORKS FOR EVERYONE IN ONTARIO.
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| E-Wiindamaagejig: The Robinson Huron Treaty Times
