On January 27th, 2025, the provincial and federal governments determined an amount of compensation to pay the RST First Nations for the breaches of the Crown’s obligations to increase annuities under the Robinson Superior Treaty since 1850. The RST First Nations say that the $3.6 billion compensation determined by the governments for past breaches was not liberal, just, honourable, or justified, and does not comply with the governments’ obligations pursuant to the Constitution.
The RST First Nations are taking the governments of Canada and Ontario back to court.
What do the RST First Nations want?
The RST First Nations are asking the court to review how the federal and provincial governments decided on the $3.6 billion compensation for breaking the treaty annuity promise. They say:
- The governments didn’t adequately engage their treaty partners – Instead of negotiating meaningfully, government officials refused the RST First Nations proposal for collaborative decision making; instead acting unilaterally in a process that was intended to repair the treaty relationship.
- The compensation amount ($3.6 billion) is only a fraction of the wealth generated from the territory over 175 years – The government’s compensation is less than what’s fair, compared to the wealth it gained over 175 years. Officials from Canada and Ontario disregarded key evidence presented by the RST First Nations, including taxation revenue from resource development industries that prospered on the resources of the Superior treaty territory. While Canada ignored this evidence entirely, Ontario assigned arbitrary revenue amounts that fall short of the governments’ actual taxation revenue from the treaty territory.
- The compensation amount is based on the RHT settlement – The federal and provincial governments improperly relied on a recent settlement with the Robinson Huron Treaty First Nation to limit compensation to the RST First Nations, even though the circumstances and needs for each treaty group are vastly different.
The court will decide if the governments acted in a manner consistent with their treaty and Constitutional obligations. The RST First Nations are asking the court to order the governments to:
- Pay them an amount of compensation that is just and honourable, as decided by the court or, alternatively, by the governments with guidance from the court.
- Fully cover their legal costs.
This Constitutional Review is about more than just money. It’s about holding the governments accountable for broken treaty promises and setting down guiding principles to ensure the RST First Nations share in the wealth of their land, as promised under the Robinson Superior Treaty.
The hearing for the Constitutional Review is scheduled to be heard at the Thunder Bay, ON, courthouse during the weeks of June 2 through 6 and June 9 through 13, with additional time for hearing on June 18, 19 and 20, 2025, if necessary.