Canada's Top Court Rules Crown Breached First Nations Treaty

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Facts

  • Canada's Supreme Court on Friday ruled that Ottawa and Ontario must compensate First Nations tribes for breaching the obligations of the Robinson Treaties signed between the British Crown and the Anishinaabe of Lake Huron and Lake Superior in 1850.[1]
  • In a unanimous ruling, the Supreme Court justices criticized the Crown for its 'dishonourable' conduct around the 174-year-old agreements and asked it to enter into negotiations with the beneficiaries of the Robinson Treaties within six months.[2]
  • Under the Robinson Treaties, First Nations chiefs ceded their land to the Crown in exchange for annual perpetuity payments meant to increase over time. However, the payments only increased once, in 1874, and have remained frozen at $4 per person.[3]
  • Justice Mahmud Jamal called that amount 'shocking' and a 'mockery' of the Crown's treaty promise, adding the failure to honor the agreement had left the Anishinaabe 'with an empty shell' over the past 150 years.[4]
  • Previously, the federal and provincial governments had reached a $10B settlement with the Robinson-Huron plaintiffs. Friday's ruling directs that Ontario and Canada negotiate with the Robinson-Superior plaintiffs to reach a similar agreement.[5]
  • The Robinson-Superior plaintiffs argue they are owed $126B in back payments. The justices said that if negotiations don't lead to an agreed amount, the Crown may use its discretion to decide what constitutes fair compensation. In that case, the plaintiffs could file a challenge in the courts.[6]

Sources: [1]Guardian, [2]The Globe and Mail, [3]Canada's National Observer, [4]Nationalpost, [5]Toronto Star and [6]CBC.

Narratives

  • Establishment-critical narrative, as provided by Firstpost. By violating revenue-sharing agreements, the Crown left thousands of Northern Ontario First Nations struggling in poverty while it enriched itself by exploiting their abundant natural resources. Friday's landmark ruling sets out the Crown's obligations to negotiate an increase in resource revenues retrospectively and into the future. It also ensures First Nations tribes have a fair share of the wealth generated by minerals, lumber, and waters on their erstwhile territories.
  • Pro-establishment narrative, as provided by Budget 2024. Over the years, the Crown has spent billions of dollars to settle the First Nations tribe, open it up to industry, and address the serious issue of child welfare and the protection of the next generation. Though it may have reneged on its promises, it continued to invest in Indigenous self-determination and economic reconciliation. The Crown will also honor the top court's ruling, come to the table with clean hands, and try to reach an amicable agreement.