The Robinson-Huron Treaty Anishinabek respectfully petition and call upon the Crown

BATCHEWANA FIRST NATION (September 10, 2021) – On the 171st anniversary of the signing of the Treaty, the 21 First Nations of the Robinson-Huron Treaty are calling on the Governor-General of Canada and Lieutenant Governor of Ontario to engage in honourable negotiations to fully implement the augmentation clause.

Signed in September of 1850, the Robinson-Huron Treaty included an augmentation clause. In return for the Anishinabek sharing their lands and resources with the Crown, the Crown would pay annuities that were to be augmented as the revenue generated from resources in the territory grew. The annuity amount for Treaty beneficiaries was raised to $4.00 in 1874 and has not changed since.

The Robinson-Huron Nations came together in 2012 to pursue legal action related to the Annuities Claim through the Robinson-Huron Treaty Litigation Fund. In 2020, the Ontario Superior Court found that the First Nation plaintiffs’ claims are not barred by Ontario’s limitations legislation and that the Government of Ontario does not benefit from the doctrine of Crown immunity.

Neither Canada nor Ontario has sought to stay the Stage 1 or Stage 2 Judgments of the Superior Court.  Yet to date, more than two years following the June 17th, 2019, Judgment, and despite the legal obligations, declarations and determinations pronounced by the Superior Court, the annual annuity payments under the Robinson Huron Treaty have not been increased by the Crown beyond the $4 per person last fixed in 1875.

In fact, the Crown has taken no steps to implement the treaty augmentation promise on a go-forward basis. While the Petitioners and Memorialists acknowledge that the quantification of past compensation is part of stage 3, there is no reasonable basis for the Crown’s failure to implement the augmentation promise going forward.

“With the recent announcement from the Government of Canada that they will seek negotiations, we have an unprecedented opportunity before us,” said Chief Sayers. “Entering negotiations is a chance to strengthen communities in the Robinson Huron Treaty territories and a chance to move forward from unnecessary litigation in a way that benefits everyone in Ontario.”

The Governor General of Canada and Lieutenant Governor of Ontario are representatives of the Crown.  At the Robinson Huron Treaty Gathering held from September 9-10, 2021, the Robinson-Huron Chiefs signed a petition addressed to Governor-General Mary Simon and Lieutenant Governor Elizabeth Dowdeswell. The petition echoes the call that the Robinson Huron Treaty Litigation Fund has made for over a decade: it is time for the Crown to act honourably in accordance with the law.