N.W.T. Indigenous govts have their eyes on Robinson treaty settlement negotiations in Ontario

On July 26, the Supreme Court of Canada declared that both the federal and Ontario governments had "dishonourably breached” their obligations under the Robinson treaties signed in 1850 with the Anishinaabe of Lake Huron and Lake Superior.

The Supreme Court of Canada ruling favoured the Ontario First Nations plaintiffs

Nadeer Hashmi · CBC News · Posted: Jul 30, 2024 6:30 PM EDT | Last Updated: July 30

Man standing near a structure with snow in the background. — Grand Chief Wilbert Kochon of the Sahtu Dene Council said the federal government is currently making a mockery of their treaty. (John Last/CBC)

Many Indigenous governments and leaders will closely follow the negotiations between a group of Ontario First Nations plaintiffs and the Canadian and Ontario governments.

Wilbert Kochon, the Grand Chief of the Sahtu Dene Council, is one of those leaders.

On July 26, the Supreme Court declared both Canada and Ontario had "dishonourably breached" their obligations under the Robinson treaties signed with the Anishinaabe of Lake Huron and Lake Superior in 1850.

The Robinson treaties included an exchange of land for an annual payment, and experts say the new court ruling — which favours First Nations — will inform how other treaties across the country are interpreted in the present day.

Crown made a 'mockery' of 2 treaties with First Nations for 150 years, Supreme Court rules

While the Lake Hurons came to a final settlement of $10 billion with the Ontario and federal governments last year, the top court says the Crown now has six months to negotiate a settlement with the Superior Anishinaabe plaintiffs.

Kochon says that after those negotiations, his council will determine a similar course of action.

"I think if they do go through, we have a chance to file something too ... we are just going to wait [and see] what happens and if the government agrees to it then we will see what are the next steps," Kochon said.

Yellowknives Dene First Nation Chief Fred Sangris says the ruling could have much wider implications than just Ontario because the Crown made similar treaties across Canada and has not been faithful to many.

Sangris also says that Indigenous governments in N.W.T., that have not settled land claims agreements, could possibly go ahead with filing for renegotiations.

Annual treaty payment $4 per person since 1875

The court in its ruling said that the Crown froze annual Robinson treaty payments at $4 a person for 150 years.

According to the ruling, the Robinson-Huron and Robinson-Superior treaties were signed in 1850 between the Crown and the Anishinaabe of the northern shores of Lake Huron and Lake Superior.

The two First Nations groups ceded land in exchange for an annual payment of $1.70 per person for the Robinson-Huron Treaty and $1.60 per person for the Robinson-Superior Treaty.

In 1875, this annuity was increased to $4 per person and has remained at that amount ever since.

Man in a dark blue shirt and white background smiling at the camera. — Lawyer Steven Cooper says that going forward, the Supreme Court of Canada's decision on the Robertson Treaties will guide treaty interpretations. (Submitted by Steven Cooper)

Ruling likely has wide impact

Steven Cooper, an Edmonton-based lawyer who specializes in Indigenous law, among other things, said the federal government was obliged to increase these treaty payments over the years.

"By and large the government ignored that, as they did for a lot of provisions that they themselves wrote in the treaties," Cooper said.

He added that this ruling will affect more than just annual treaty payments.

"That will have an impact on other types of cases, class action and individual actions because so many of the rights that are recognized by court are derived from treaty negotiations" Cooper said.

Cooper says the Supreme Court ruling will also guide future treaty interpretations.