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CANADA OWES FIRST NATIONS BILLIONS AFTER MAKING ‘MOCKERY’ OF
TREATY DEAL, TOP COURT RULES  
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Leyland Cecco
July 26, 2024
The Guardian
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_ Court urges federal and Ontario governments to make payouts after
‘dishonourably’ neglecting 174-year-old deal. The Crown promised
riches to First Nations in Canada – over 150 years on, they could
finally get billions _

A man waves a Six Nations flag during National Indigenous Peoples Day
on 21 June 2022 in Mississauga, Ontario, The Canadian Press/Alamy

 

An “egregious” refusal by successive Canadian governments to
honor a key treaty signed with Indigenous nations
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a “mockery” of the deal and deprived generations of fair
compensation for their resources, Canada’s top court has ruled.

But while the closely watched decision will likely yield billions in
payouts, First Nation chiefs say the ruling adds yet another hurdle in
the multi-decade battle for justice.

In a scathing and unanimous decision
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on Friday, Canada’s supreme court sharply criticized both the
federal and Ontario governments for their “dishonourable” conduct
around a 174-year-old agreement, which left First Nations people to
struggle in poverty while surrounding communities, industry and
government exploited the abundant natural resources in order to enrich
themselves.

“For almost a century and a half, the Anishinaabe have been left
with an empty shell of a treaty promise,” the court wrote in the
landmark ruling.

The stark language reflects the enduring legacy of the colonial
project first envisioned by the British government and continued after
Canada gained independence and offers yet another example of major
cases tilting towards Indigenous peoples
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decision to highlight “egregious” ways in which governments have
treated their agreements with nations could have far-reaching
consequences, both for the affected communities and the country.

The case centered on a treaty signed in 1850 between the British Crown
and a group of Anishinaabe nations on the shores of Lakes Huron and
Superior. Known as the Robinson Treaties, the agreements, covering
35,700 sq miles (92,400 sq km) of land, included a rare
“augmentation clause” that promised to increase annual payments
“from time to time” as the land generated more wealth – “if
and when” that payment could be made without the Crown incurring a
loss.

Over the next 174 years, the lands and waters covered by the deal
generated immense profits for companies – and substantial revenues
for the province of Ontario. But in 1874, the annuities were capped in
at $4 a person and never increased.

“Today, in what can only be described as a mockery of the Crown’s
treaty promise to the Anishinaabe of the upper Great Lakes, the
annuities are distributed to individual treaty beneficiaries by giving
them $4 each,” the court wrote, singling out the “shocking”
figure paid to beneficiaries. “The Crown has severely undermined
both the spirit and substance of the Robinson Treaties.”

Among the key issues the court tackled was the novel “augmentation
clause” in the treaty. The justices said that even though the treaty
does not promise to pay a certain sum of money, “no party doubts
that the Crown was able to increase the annuities beyond $4 per person
without incurring loss, and that it should have exercised its
discretion to do so.”

Finding the nation-to-nation agreement was an alliance of equals, the
court called on the Crown to return “to the foundations of the
treaty” and to “engage the honour of the Crown”, by increasing
the annual payments. Failing to do so would be “patently
dishonourable”, wrote justice Mahmud Jamal.

Lawrence Wanakamik, chief of Whitesand First Nation, told reporters
the decision had been a “long time coming”.

“We have suffered all those years [with] no economic benefits to our
community. It’s been hard over the years trying to make a whole
community for Whitesand,” he said, holding back tears. “We do have
other struggles to contend with, but you know, with this settlement
… we’ll have a better community from this point on.”

Crucially, the ruling does not award a settlement to Superior
Anishinaabe First Nations, who had previously argued they are owed
C$126bn in back payments. An Ontario court ruled on this claim last
year, but the supreme court ordered the ruling be held in reserve
pending Friday’s decsion. The court also said the settlement ruling
must remain unreleased for another six months so that both parties
could come to an agreement.

But Wilfred King, chief of Gull Bay First Nation, said he was “a bit
disappointed” by key parts of the ruling, namely the way in which
the Crown proposes the figure it feels is fair.

“How do you negotiate when one side says, ‘Well, we think this is
a fair amount?’”

Ontario has previously argued
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court that far from growing rich, it has spent nearly C$4.2bn in its
efforts to settle the north and open it up to industry.

For nations that have waited decades for compensation, the prospect of
more legal wrangling is “unfortunate”, said King.

“Both Crowns – Canada
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admonished by the court for making a mockery of the treaty. And it’s
important that both Crowns understand why they were being
criticized,” he continued.

The supreme court has given Ontario a six-month timeline to propose a
new settlement with the First Nations groups on Lake Superior. The
justices warned that if governments couldn’t settle fair
compensation, the court would step in.

“I’m hopeful that the Crown comes to the table with clean hands
this time and try to come to an amicable agreement,” said King.
“We knew we were never going to come close to the C$126bn we believe
we’re owed. But it just showed you the vast amount of resources that
have been extracted from our territory without fair compensation.”

xxxxxx moderator - Also of  interest: US Citizenship Was Forced on
Native Americans 100 Years Ago − Its Promise Remains Elusive by
Kerri Malloy, The Conversation, July 26, 2024
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LEYLAND CECCO is a Canadian freelance photojournalist focusing on
the intersection of culture, economics and the environment. He has
covered the Middle East and North Africa for the last three years, and
currently divides his time between Cairo and Toronto.

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* First Nations
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* Canada
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* Indigenous Rights
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* reparations
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* settler colonialism
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