Robinson Huron Treaty gathering offers glimpse into current annuity negotiations

The annual Robinson Huron Treaty gathering held in Greater Sudbury this week featured panel discussions, musical performances, teachings and celebrations. 

It was held in a context where the Anishnaabe Treaty beneficiaries finally received their share of the $10 billion settlement for past annuities from Canada and Ontario. 

That settlement money was to compensate for the losses incurred over the last 150 years, where it was ruled that the Crown failed to honour its Treaty obligation to increase annual payments to the Anishnaabe according to the wealth produced by the land.

While much attention has been paid to the settlement and its distribution, little is known about the annual payment the Anishinaabek can expect from the Crown going forward. 

This is often referred to as the "go-forward annuity," and is different from the compensation for past annuities. The annual Treaty gathering was an opportunity to ask questions about this next step in the case.

Questions raised during distribution set to resurface in go-forward negotiations

Patsy Corbiere, a member of the management committee for the Robinson Huron Treaty Litigation Fund (RHTLF), says negotiations on current annuities are still in the early stages. 

"This is a legal issue that we can't disclose at this point, we're sworn to confidentiality," said Corbiere, who is also Ogimaa Kwe (Chief) for Aundeck Omni Kaning First Nation on Manitoulin Island. 

"But this is tied to the [past annuities] case because all that history is already there," she added. 

Corbiere says negotiations will build on the work that has already been done on past annuities, including the intent behind the signing of the Treaty in 1850. 

She also says some of the issues raised during the distribution of the settlement are set to resurface during the go-forward negotiations, citing annuitants as an example. 

Annuitants are the people legally entitled to an annual payment under the Treaty. But not all First Nation band members are annuitants, and sometimes it boils down to bureaucracy. 

In Corbiere's own community, for example, only half are entitled to the annuity – and she says it doesn't always make sense. 

"If two parents are not annuitants but their children are, how did that happen? Bands are stuck in a hard place. Do we make all of our First Nation members annuitants or do we only have the selected few who are entitled?" 

"That's what the government does, it makes us fight amongst ourselves," she added. 

A process that will take time

It took a decade for Canada, Ontario and the Robinson Huron Anishinabek to arrive at a settlement for past annuities. Corbiere isn't sure whether the negotiations for a go-forward amount will be faster than that.

"It depends on what team the government is sending," she said. "The older bureaucrats just leave it and it stalls, it stalls, it stalls." 

She says the teams sent for the past settlement had a will to see the case through, and she hopes the teams appointed to the go-forward negotiations will build on that momentum. 

However, having been involved in land claims and Treaty cases for more than half of her life, she's guessing the process will take a long time.

"They're moving like a turtle. We call this Turtle Island, but they're worse than that."

In a recent update, the RHTLF said letters were sent to federal and provincial ministries requesting the beginning of the current annuity negotiations back in August.

"To date, neither Canada nor Ontario has responded to those letters," reads the press release dated October 21, 2024.