The journey to renew and strengthen the treaty relationship under the Robinson Superior Treaty has been a complex one. Following a Supreme Court of Canada decision in July 2024 that called for a return to the Council Fire to renew the treaty relationship, the engagement process with Canada and Ontario has not been smooth.
The Supreme Court’s Mandate and Its Implications
The Supreme Court of Canada, directed Canada and Ontario to engage “meaningfully and honourably” with the Superior Nations, aiming for a just settlement regarding past breaches of the Robinson Superior Treaty annuity augmentation clause. The Court outlined five crucial factors to guide the settlement discussions:
- Nature and severity of past breaches: The Crown’s prolonged neglect of its treaty duties.
- Needs of the Superior Anishinaabe.
- Benefits received by the Crown from ceded territories and related expenses.
- Wider needs of other Indigenous and non-Indigenous populations.
- Honour of the Crown, including its duty to fulfill treaty promises.
The RST First Nations appointed a Process Team, comprising five Chiefs, one councillor and four lawyers, with the aim of securing agreement on the process for engagement with Canada and Ontario, and to discuss how the five factors would be operationalized to assess compensation owed to the Nations.
Progress and the Process Team’s Mandate
Guided by the Supreme Court’s directive for the “the parties to return to the council fire and rekindle the perpetual relationship that the Robinson Treaties envision,” the Superior Chiefs met with Minister Anandasangaree of Crown-Indigenous Relations (Canada), and Minister Rickford of Indigenous Affairs and First Nations Economic Reconciliation (Ontario), at Old Whitesand on September 15, 2024. This Council Fire was followed by a series of meetings between Crown officials and the RST First Nations’ Process Team.
So far, the several meetings and correspondence exchanged have highlighted differing approaches to the court ordered engagement process. A major obstacle has been Canada and Ontario’s stance on preserving their discretion and not disclosing how the five factors will be applied in their decision-making process. Instead, representatives from Canada and Ontario have only committed to hearing and considering the First Nations’ perspectives on the five factors, making this engagement process a less active, two-way discussion than had been hoped.
Despite ongoing correspondence and proposals for further Council Fires, delays and non-availability of Minister Rickford and Minister Anandasangaree have posed additional challenges.
The Path Ahead
The Superior Chiefs, their delegates, and legal teams continue to meet weekly to evaluate updates and make strategic decisions. They have secured meeting dates in December and January with Crown officials to negotiate compensation settlement.
The Supreme Court of Canada asked the Parties to agree on a compensation amount by January 26, 2025. As this deadline approaches, it is essential for the RST First Nations to continue advocating for a fair and just resolution. The outcome of these engagements will have lasting implications for the treaty relationship and recognition of past wrongs. The journey is far from over, but the commitment to pursuing justice and holding the Crown to account remains steadfast.
If the Parties fail to arrive at a negotiated settlement by January 26, the Crown will exercise its discretion and set an amount to compensate for past underpayment of annuities. At this point, the RST First Nations will need to determine whether to accept the Crown’s discretionary amount as a final settlement or have the Crown’s exercise of discretion reviewed by the court.
Updates will continue to be shared here to keep the Nations’ members aware of progress.