The Memo: Canada owes First Nations billions over "dishonourable" treatment of century-long treaty

Just last month, the Supreme Court of Canada ruled that federal and Ontario governments have dishonoured the 1850 treaties (otherwise known as the Robinson Treaties) signed between the Crown and the Anishinaabe of the upper Great Lakes. As such, Canadian governments will have to repay the First Nations people for not holding up their part of the 174-year-old deal. This unanimous decision has been welcomed by the Robinson Superior Treaty group as a poignant moment in the journey of reconciliation as it recognises that governments must make good on their promises. 

But first, the backstory: the Robinson Treaties covered 35,700 square miles and promised annual payments which could increase as the land generated more wealth. However, these payments would only be made “if and when” doing so would not cause the Crown to incur a loss. However, this was capped at $4 per person in 1874 and has stayed the same ever since. So, while First Nations people struggled in poverty on their reserves, local industries and governments exploited their natural resources and generated billions. 

The ruling did not award a settlement but, to put it in context, the Superior Anishinaabe First Nations have previously argued they are owed a whopping $126bn in back payments. Instead, the Supreme Court has granted Ontario six months to propose a settlement but has promised to step in if they can’t settle it fairly. Moreover, the court has said that only the First Nations could request an extension to the timeline due to the matter’s long history and the Crown’s “dishonourable conduct.” 

Only time will tell, but it is predicted that payments will be in the billions. As Whitesand First Nation Chief Lawrence Wanakamik stated, “we have suffered all those years with no economic benefits to our community. [...] We'll have a better community from this point on.”