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Retired Superior Court Justice Stephen O’Neill is pleased a former colleague ruled in favour of the Robinson-Huron Treaty Trust in its fight to have Crown annuities increased for 21 First Nations across much of Northern Ontario.

But he is also hoping the Ontario government does not appeal Justice Patricia Hennessy’s decision, potentially tying the matter up in the courts for years. (The federal government has said it won’t appeal the decision).

“Can we move on from Justice Hennessy’s decision?” asked O’Neill, during a Robinson-Huron Treaty post-decision panel discussion Monday at the University of Sudbury. “Is there enough impetus? Is there enough energy there to work toward solving Steps 2 and 3 through mediation and get a final settlement? This is all about education, the search for justice … Continue Reading →

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In December 2018, the Ontario Superior Court of Justice released its Restoule decision rendering Canada and Ontario equally liable to pay the 21 Robinson Treaties bands their “fair” share of all Crown revenue received from sales, leases and licenses, less expenses, derived from Robinson Treaties-surrendered lands (covering basically the entire Lakes Huron and Superior watershed), retroactive to 1850.

Why? Because the Court concluded that Canada and Ontario acted dishonorably by in effect unknowingly short-changing the Treaties bands of entitlements owed to them. The bands’ court winnings will be in addition to the already substantial non-treaty payments and benefits regularly paid by Canadian taxpayers to them.

This ruling is, with respect, ill founded. Ontario has appealed the decision, but Canada, to the harm of Crown sovereignty, Canadian social unity and the Canadian taxpayer, has not. Continue Reading →

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Native leaders in northeastern Ontario say they are disappointed Ontario may appeal a historic ruling in the Robinson Huron Treaty annuities case.

However, they also say they are pleased that both the Ontario and Canadian governments are willing to negotiate a resolution to their claim for more money under the treaty.

In a release Tuesday, the Robinson Huron Treaty Litigation Committee said the federal government has decided not to appeal Justice Patricia Hennessy’s ruling on Dec. 21. At the same time, the committee said Ontario intends to preserve its right to appeal Justice Hennessy’s decision, including her decision on costs. Continue Reading →

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Note: This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site.

The Canadian Press – There is a tired joke, a standard for Indigenous peoples on the Prairies, regarding the five dollar bill. The bill is sometimes referred to as “treaty money,” and a chuckle is shared when it is exchanged. On the Prairies, five dollars is the annual payment “status-Indians” receive in exchange for the Crown taking up lands and accessing resources, among other things.

By all measures, it is quite a deal for Canada in the present day. For Indigenous peoples, it is an old joke, an annual reminder of sharp and unfair historical dealings among the treaty-making that aided the foundation of Canada.

These jokes can provide some comfort, but the recent decision from the Superior Court of Ontario in Restoule v. Canada provides considerably more relief than these small humours. Continue Reading →