Canada - July 2024

Canada’s Supreme Court ruled that the Ontario and federal governments made a “mockery” of the 1850 Robinson Treaties, by which Anishinaabe First Nations of Lake Huron and Lake Superior ceded territory to the British Crown, in exchange for perpetual annual payments. The Robinson agreements included an augmentation clause, through which payments would increase, depending on the profits obtained by the Crown through the exploitation of resources from the ceded land. However, a limit to the annuities was set at CAD 4 per status member of the First Nation, and was not increased since 1874 despite development and growth excluding First Nations. The Court ruled that annuities should have been augmented, and the government’s failure to do so constituted an egregious and longstanding breach of agreed terms. It further decided that compensation, which Lake Superior First Nations asked should reach CAD 126 billion, should be negotiated between the parties. Other First Nations from the Lake Huron region settled with the government last year for CAD 10 billion.

Sources: Supreme Court of Canada, Canada’s National Observer, The Guardian