The Robinson Huron Treaty Settlement is a settlement agreement between different levels of government and several First Nations, which has come out of a unique and important court case on treaty obligations. The settlement agreement was proposed in 2023, the related court case was settled in July 2024, and settlement funds are now being distributed.
The Robinson Huron Treaty and Crown Treaty Commitments
The case was initiated by multiple First Nations in the Robinson Huron Treaty area against the governments of Ontario and Canada regarding failure to uphold their Treaty commitment. The Treaty required the government to increase the annuity (or annual payment) amount to be paid to the First Nations in the Treaty area based on increased revenue from Crown use of the land.
The video below was developed by the Union of Ontario Indians, and comes from the website of the Anishinabek Nation, and it explains some of the history of the Robinson Huron Treaty.
The Robinson Huron Treaty of 1850 marked a change in the way annuities were paid out by the colonial government. Prior to this treaty agreement, annuities had typically been paid to First Nations bands in lump sums in the form of goods or cash payments. In 1855, the Crown began to send payments related to the Robinson Huron Treaty to individual band members. In 1855, the payment per individual was approximately $1.60 per person. This amount increased to $4 per individual and has remained the same for almost 150 years.
The Legal Case
The Robinson Huron Treaty Litigation Fund came together in the 2010s and on behalf of 21 First Nations in the Treaty area, began the legal challenge of the governments of Ontario and Canada on their failure to re-assess the annuity amount as part of their treaty obligations.
Mike Restoule, member of the Nipissing First Nation and lead plaintiff in the case, discusses court proceedings in this video from 2022, which was developed by the Union of Ontario Indians and comes from the website of the Anishinabek Nation.
In this video, among other things, Mr. Restoule says: “The Robinson Huron Treaty litigation advancing through the courts is a very unique trial in Canada simply because in that trial, the court considered the Anishinabe perspective in the Treaty, not only the Crown perspective or what is written in Crown documents, but it also considered the perspective of the Ojibway people. We had elders, we had experts that told about how the Ojibway people understood the Treaty talks in Baawaating in 1850, and that was very important to the Court because they were able to make a decision based on Crown interpretation and Ojibway interpretation.” (3:10-4:13).
At the end of July 2024, the Supreme Court of Canada reached a unanimous decision in the case (Ontario (Attorney General) v. Restoule) which “requires the Crown to negotiate or, failing agreement, determine the compensation it owes to First Nations for breaching its Treaty promises.” During the court case, “neither Canada nor Ontario disputed that they are in longstanding breach of the annuity promises”.
The First Nations that are part of the settlement have spent time with their communities to determine details about individual amounts and payment processes for individuals. All of the First Nations involved in the Robinson Huron Treaty of 1850 and involved in the Settlement are listed on the Litigation Fund’s website here. If you are a member of one of these Nations and have questions about the Settlement, get in touch with your band office.
The Impact of the Settlement on Social Assistance Recipients
Individuals who receive money from this settlement and who also receive income support from Ontario Works (OW) or Ontario Disability Support Program (ODSP) may have questions about how settlement funds will impact their social assistance.
Land claim payments are exempt under the ODSP Act and the Ontario Works Act, 1997. Payments from the Robinson Huron Treaty Settlement should be exempt as income and as assets, however there may be reporting requirements. Individuals receiving ODSP or OW are required to report all income they receive, even if it is exempt.
If a recipient reports their annuity payment, they should try to make sure ODSP/OW is treating it properly so it does not impact their social assistance.
If this situation applies to you and you would like further information or support, contact your local community legal clinic. You can find the contact info for your local community legal clinic by clicking here.
Learn more about the Robinson Huron Treaty
To find out more, visit the website of the Anishinabek Nation. This website post has shared only two videos of the five posted to their website about the Robinson Huron Treaty, so be sure to check out the other videos, the discussion questions, and the additional resources including a slide deck for teachers and anyone who wants to learn more.