Talks on how many billions in annuities Canada, Ontario owe Robinson Superior First Nations begin this week

Canada is expected to present a settlement offer this week to First Nations of Robinson Superior treaty territory in a longstanding case involving annuities owed to the Anishinaabe on the northern shores of the Great Lakes. The offer, anticipated to be received on Friday, will kick off negotiations to partially settle a claim that dates back to 1999 and could be worth dozens of billions of dollars.

Lawyers for the Robinson Superior communities are eagerly awaiting the offer from Canada, as they anticipate Ontario will make its own offer sometime around the new year. This comes as a deadline imposed by the Supreme Court of Canada looms over the two Crown governments. In a landmark decision earlier in June, the top court instructed the federal and provincial governments to make offers by January 26.

The case revolves around a promise dating back to 1850 in the Robinson treaties, which assured the Anishinaabe that the annual payments they received from the Crown would increase according to the wealth produced in the territory. However, these annuities were capped at $4 per person in 1874 and have not increased since, despite the lucrative profits of industries like mining, timber, and fishing.

The Robinson Superior and Robinson Huron First Nations launched their legal challenges in 1999 and 2012, respectively. While the Robinson Huron communities settled out of court for $10 billion in 2023, the Robinson Superior case has continued to the final stages of the trial. The Supreme Court paused the proceedings earlier this summer to allow for out-of-court negotiations.

Duke Peltier, spokesperson for the Robinson Huron Treaty Litigation Fund, emphasized the urgency felt by the communities to reach a settlement. He highlighted the importance of ensuring elders in the communities see the benefits of the treaty in their lifetime.

The Robinson Superior First Nations have a parallel claim related to the annuities case, stating they never adhered to the treaty and never agreed to have resources extracted from their lands. This issue must be resolved before the communities can officially sign on to the treaty and receive their share of past annuities compensation.

Should the Robinson Superior plaintiffs disagree with the settlement offers from Canada and Ontario, they could request an extension to negotiations or let the court intervene. The possibility of a court-mandated settlement could result in a higher award, as courts have ruled in favor of the First Nations in similar cases.

Chief Patricia Tangie of Michipicoten First Nation, spokesperson for the Robinson Superior litigation team, expressed concerns about delays and the pressure to deliver a fair settlement for the beneficiaries. She emphasized that they will not accept a lowball offer and are committed to securing justice for their communities.

Overall, the negotiations between the Robinson Superior First Nations and the Crown governments will play a crucial role in addressing the longstanding issue of unpaid annuities and ensuring a fair and just resolution for the communities involved.