First Nations in the Robinson-Superior Treaty territory are due to receive offers from Canada and Ontario for royalties owed to them by early 2025, launching negotiations to resolve a long-running dispute.
The federal government’s offer is expected to be presented this Friday, while First Nations lawyers expect to receive the province’s offer around New Year’s Day.
The deal could be worth dozens of billions of dollars.
In a decision rendered on July 26, the Supreme Court ruled that the Crown dishonorably violated the Robinson Treaties and gave the governments 6 months to negotiate an agreement with the Anishnaabe.
Under the decision, First Nations can request an extension of the negotiation period, but not the province or the federal government.
Negotiations could be complicated by the discrepancy between what Ontario and the Lake Superior Anishnaabe argued in court.
The province claimed to have suffered a loss of $11 billion linked to the exploitation of the territory, due to the construction of the necessary infrastructure.
Indigenous communities have claimed that the resources extracted from their territory have a value of up to $193 billion.
The origin of the dispute
The Robinson Treaties, signed in 1850, ceded much of Ontario’s land to the Crown in exchange for annual payments to the Anishinaabeg of Lakes Huron and Superior.
The treaties provided for payments to increase over time, provided the Crown did not suffer a loss. However, they have been frozen at $4 per person since 1875.
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The territories targeted by the two Robinson treaties cover a total of 129,500 square kilometers.
Photo: Library and Archives Canada
If the parties do not reach an agreement, it will be up to the Superior Court of Ontario to decide what the compensation is and how much each government must pay.
According to lawyer Brian Gover, who represents the Robinson-Superior Treaty First Nations, an amicable agreement would probably cost the province and the federal government less.
Other First Nations monitoring negotiations
The First Nations signatories to the Robinson-Huron Treaty agreed with the Crown for an amount of $10 billion in 2023, paid equally by Ontario and Canada.
Duke Peltier, a spokesperson for the Robinson-Huron Treaty Litigation Fund, says communities felt a sense of urgency.
We realized that a certain number of elders in our communities died before being able to benefit from the treaty.
If the Robinson-Superior Treaty First Nations ever obtain a considerably higher amount, Duke Peltier believes that the issue would be far from resolved.
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Duke Peltier expects lengthy negotiations regarding the annual royalty amount. (Archive photo)
Photo: - / Orphée Moussongo
If they get a higher amount, I will congratulate them without hesitation
he said.
But we also know that there is still a lot of discussion to be had on the issue of future royalties,
adds Mr. Peltier.
A file that could take years
Brian Gover understands why the Robinson-Huron Treaty communities chose a different path.
The plaintiffs in the Lake Huron region have opted for finality and one can understand the advantages of not continuing the litigation
he said.
We are in a different position. We may need to pursue legal action.
More than half of the First Nations in the Robinson-Superior Treaty territory have filed parallel petitions regarding the royalty issue.
They claim that they have never adhered to the treaty, and have never accepted that the resources of their territory be exploited.
These issues will need to be resolved before communities can officially sign the treaty and get their share of compensation for past annuities.
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