Litigation Timeline

Claim filed by Red Rock First Nation and Whitesand First Nation, asking the court to interpret the Robinson Superior Treaty’s long-forgotten promise to increase annuities.

Trial of Stage 1 begins before Justice Hennessy with hearings in Sudbury and Thunder Bay

Stage 1 decision of Restoule v. Canada released, stating that the Crown had an obligation to increase the annuity beyond $4 per person in circumstances where the Treaty territory produces an amount as would enable the government to do so without incurring loss.

Stage 2 decision of Restoule v. Canada released rejecting Ontario’s defences of Crown immunity and limitations.

Ontario Court of Appeal hearing dates for the  Stage 1 & 2 appeals.

Ontario Court of Appeal releases decision, upholding Justice Hennessy’s interpretation of the treaty annuity promise and rejecting the appeal of Ontario’s defences.

Red Rock First Nation and the Whitesand First Nation are authorized to act as “Representative Plaintiffs” on behalf of Fort William First Nation, Kiashke Zaaging Anishinaabek, and Michipicoten First Nation

Animbiigoo Zaagi’igan Anishinaabek, Biigtigong Nishnaabeg, Biinjitiwaabik Zaaging Anishininaabek, Bingwi Neyaashi Anishinaabek, Long Lake No. 58 First Nation, Netmizaaggamig Nishnaabeg, and Pays Plat First Nation granted as “Added Party Plaintiffs” in Stage 3 and any subsequent hearings.

Stage 3 hearing takes place, addressing compensation, implementation, and future payment adjustments. This decision has not yet been released.

The Supreme Court of Canada hears Ontario’s appeal of the Stage 1 & 2 judgments on November 7 and November 8.

Supreme Court of Canada releases its decision on Ontario’s appeal of the Stage 1 & 2 decisions finding that the Crown breached its duty to adjust annuities as promised in the Treaty. See the News & Updates for a summary of that decision.