Sudbury

Superior court green lights livestream of Robinson-Huron Treaty annuity case

A group of First Nations is praising a recent superior court ruling, allowing the live streaming of an annuity case.

Court was asked to allow live streaming of proceedings because treaty area covers such a huge territory

The Anishinaabek communities of the Robinson Huron Treaty took Ontario and Canada to court over the Crown's failure to implement the terms of the treaty. At issue is that the beneficiaries have received no increase to the four-dollar annuity since 1874. The proceedings are being livestreamed here: http://livestream.com/firsttel. (CBC)

A group of First Nations is praising a recent superior court ruling, allowing the live streaming of an annuity case.

The Robinson-Huron Treaty First Nations say a Superior Court of Justice decision allows them to officially broadcast and archive the landmark treaty case.

The case is being heard in Sudbury, Ont., and involves 21 Indigenous communities, which are are taking the federal and provincial governments to court.

According to the group, the case, which is being heard with another one involving the Robinson-Superior Treaty, concerns the interpretation of an annuity clause. Both treaties were signed in 1850. The group says the annuity of $4 hasn't increased since 1874.

The group says this is the first time in Canada that livestreaming and the archiving of the livestream video is being allowed in a Superior Court trial.

This is the first time in Canada that livestreaming and the archiving of the livestream video is being allowed in a Superior Court trial, and reconciliation was cited, by Justice Patricia Hennessy, as one of the main reasons for allowing it. (CBC)

'We suffer a deficit in understanding'

Justice Patricia Hennessy cites reconciliation as one of the main reasons for allowing it. 

"Collectively, as Canadians, we suffer a deficit in understanding our history and our relationship with our Indigenous neighbours," she stated in a release.

"Creating and preserving an audiovisual record of this evidence increases its usefulness and accessibility. It is a significant contribution to our national understanding." 

Mike Restoule, a spokesperson for the First Nations, says this decision is significant for other reasons as well.

"Our legal team asked the court to allow live streaming of the court proceedings because it such a huge territory and those people would not have access to attend court sessions," he said.

"And because it's a public issue that's before the court, it's not anything that's private to any individuals or companies or anything like that. This is of public interest."

A map showing the area covered by the Robinson-Huron Treaty of 1850. The treaty affects roughly 30,000 people. (Whitefish River First Nation)

Testimonies to 'be preserved'

The Anishinaabek territory contained within the Robinson-Huron Treaty area includes roughly 92,000 square km of land on the northern shores of Lake Huron; and the Robinson Superior Treaty covers about 43,000 square km, north of Lake Superior. About 30,000 people are covered by the treaty.

Robinson-Huron Treaty spokesperson Chief Dean Sayers says livestreaming the proceedings also brings the hearings home for Anishinaabek citizens.

"We want our people to hear what they said," he said in a release.

"The courts call it evidence, but what these Elders and Experts are sharing are our stories, our history and our collective knowledge. We are glad that, through the livestreaming and archived videos, these testimonies will be preserved and shared with our young people for generations to come." 

The case will be live streamed and archived online.

The hearings are open to the public and continue Jan. 10 in Sudbury. The court has heard from Anishinaabe Elders and experts on items including Anishinaabe law, oral history and ceremonies. Next, the court will hear from the governments' witnesses.

The trial started in Thunder Bay in September 2017, and has moved throughout the Treaties Territory, including First Nation communities at Manitoulin Island and Garden River, near Sault Ste. Marie, the site of the Treaty signing in 1850. 

With files from Wendy Bird