Crown must settle with First Nations for breaching treaties from 1850s

The Crown dishonourably reached the Robinson Treaties and will have to negotiate a settlement in the coming six months, the Supreme Court of Canada ruled on Friday.

The two treaties, signed in 1850, transferred a vast area of land in Ontario to the Crown in exchange for annual payments to the Anishinaabe of Lakes Huron and Superior.

These treaties stipulated that the payments should rise over time, provided the Crown did not suffer a loss. However, the payments have remained fixed at $4 per person since 1875.

The Supreme Court said the Ontario and Canadian governments would need to raise that amount once economic circumstances allow for it.

The highest court has mandated that the Crown has six months to negotiate a settlement with the Robinson Superior plaintiffs. If an agreement is not reached within this period, the Crown is required to determine a remedy independently.

The second group, the Robinson Huron plaintiffs, reached a negotiated settlement in June of last year that agreed on a $10-billion settlement with the two governments.

Both the Ontario and federal governments agreed that the Crown was in long-standing breach of their obligations to increase the payments over time.

Writing for a unanimous court, Justice Mahmud Jamal wrote that the Crown “must increase the annuity under the Robinson Treaties beyond $4 per person retrospectively, from 1975 to the present. It would be patently dishonourable not to do so," the Canadian Press reports.

The claims were filed over 20 years ago, in 2001, and in 2014. The Lake Huron Group would later enter the negotiations with the federal and Ontario governments.

The settlement was finalized in February, with the court agreeing that Ontario and Canada should each pay $5 billion.

The Robinson Superior group has sought over $126 billion in damages. The case proceeded to trial in the Ontario Superior Court, but there has not been a final decision on the amount.

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