FAQ

The path to ending the litigation is unclear at this time. The Supreme Court of Canada in Ontario (Attorney General) v. Restoule, 2024 SCC 27, has instructed the parties to try to agree on a settlement amount before January 26, 2025. If the parties cannot agree, the Crown will propose a discretionary amount to compensate for past annuities.

If the RST First Nations disagree with the Crown’s decision (i.e. the amount) and reasons for decision such an amount, the First Nations can ask the court to review it. The courts will then decide if the Crown’s decision is fair and reasonable.

If the First Nations proceed to a court review process, it will be several years (possibly 3-5 years or longer) before the pathways to an appeal have been exhausted. 

The 12 RST First Nations will come together to review any settlement offer from Canada and Ontario. If the 12 RST First Nations recommend that the offer be accepted, each First Nations’ representative will bring that recommendation to their respective Councils who will internally deliberate on whether they will accept or reject Canada and Ontario’s settlement offer.

If the parties agree on a settlement amount, they then must complete a settlement agreement. Canada has stated that this could delay payment by a number of months after the settlement amount is reached.

If the parties cannot agree on a settlement amount by January 26, 2025, the Supreme Court of Canada has ordered the Crown to pay a discretionary amount within a “reasonable time”.

Canada and Ontario have not committed to a specific date, but The RST First Nations will press for an expedited payment.      

If the RST First Nations take the Crown’s discretionary compensation decision to court for review, and the courts side with the RST First Nations, the Crown could owe the RST First Nations additional compensation. That said, this compensation would only be paid after all court appeal pathways have been exhausted, which may take 3-5 years or more, unless there is an earlier negotiated settlement.

Signatory or Adherent First Nations to the Robinson Superior Treaty – Animbiigoo Zaagi’igan Anishinaabek, Fort William First Nation, Kiashke Zaaging Anishinaabek (Gull Bay), Michipicoten First Nation, Red Rock First Nation, Whitesand First Nation – can expect to receive their share of compensation as soon as Canada and Ontario release the payment.

Contingent beneficiary Aboriginal title claim Nations – Biigtigong Nishnaabeg, Biinjitiwaabik Zaaging Anishinaabek, Bingwi Neyaashi Anishinaabek, Long Lake No. 58 First Nation, Pays Plat First Nation, Netmizaaggamig Nishnaabeg – will not receive their share of the past compensation amount right away. These Nations will be required to either adhere to the Treaty or resolve their title claims before they can receive their share of compensation.

The Crown governments take the position that the “contingent beneficiary“ First Nations are already parties to the Robinson Superior Treaty. However, these Nations – Biigtigong Nishnaabeg, Biinjitiwaabik Zaaging Anishinaabek, Bingwi Neyaashi Anishinaabek, Long Lake No. 58 First Nation, Pays Plat First Nation, Netmizaaggamig Nishnaabeg – did not sign the Treaty in 1850 and have not adhered to the Treaty since 1850. The contingent beneficiary Nations brought legal actions against Canada and Ontario seeking a declaration of unextinguished Aboriginal Title, among other remedies. Their Aboriginal Title claims have not yet been resolved.

Each First Nation will decide on the best use for the compensation amount for its own community. This may or may not involve distributing a portion of the amount directly to their members.

This decision will be based on the Supreme Court of Canada’s decision that the annuities were and are a collective interest, payable to the First Nation, not the individual member.

The members of each of the signatory or adherent First Nations – Animbiigoo Zaagi’igan Anishinaabek, Fort William First Nation, Kiashke Zaaging Anishinaabek (Gull Bay), Michipicoten First Nation, Red Rock First Nation, Whitesand First Nation – can expect that their leadership will discuss the logistics of any per capita distributions with them directly.

Contingent beneficiary Aboriginal title claim Nations – Biigtigong Nishnaabeg, Biinjitiwaabik Zaaging Anishinaabek, Bingwi Neyaashi Anishinaabek, Long Lake No. 58 First Nation, Pays Plat First Nation, Netmizaaggamig Nishnaabeg – can also expect leadership to engage directly with their members on the question of distribution. However, as mentioned above, these Nations will be required to either adhere to the Treaty or resolve their title claims before they can receive their share of compensation.

Please reach out to your respective First Nation if you have any questions about the RST Annuities Litigation.