Robinson Superior Treaty First Nations reject $3.6 billion offer for 175 years of breaches

By Margaret Kirk
Local Journalism Initiative Reporter
The Sault Star

The Robinson Superior Treaty Litigation team has rejected what they call a “low-ball” $3.6 billion offer from the federal and Ontario governments for 175 years of treaty breaches.

The Supreme Court of Canada had given Canada and Ontario until Jan. 27 to engage in “meaningful negotiations” to make offers to the 12 First Nations.

The final offer of $3.6 billion was turned down by the Northern Ontario First Nations, many of which border Thunder Bay, Marathon, Wawa, Nipigon, and Terrace Bay.

The closest band to Sault Ste. Marie involved is Michipicoten First Nation.

Judge Patricia Hennessy, who has presided over all three phases of the trial, will impose a court ordered settlement as a result of the six-month negotiation period being unsuccessful.

The first two phases of litigation were completed with the 21 First Nations of the Robinson Huron Treaty, which settled out of court for $10 billion.

Chief Patricia Tangie of Michipicoten told The Sault Star, “the offer disrespects our people, devalues our resources, and ignores the Supreme Court of Canada’s direction.”

She added that the governments, particularly Ontario, would not engage in a “back and forth” with the litigation team, which consists of five chiefs, one councillor, and two lawyers for each Nation.

“For six months, the First Nations have engaged meaningfully and honourably in this process, just as the Supreme Court requested,” said Chief Wilfred N. King, of Gull Bay First Nation. “The governments did not. They simply ignored the economic evidence about how much wealth Canada and Ontario took from our lands.

“They consigned our communities to intergenerational poverty while they appropriated tremendous benefits for themselves. They continue to deny to our communities what we have lost as a result of their breaches. Their decision today does not make up for 175 years of refusing to share the wealth of our lands.”

A release from the Robinson Superior Litigation team states that expert witnesses estimate the benefits to the federal and provincial governments exceeds $3.6 billion. Some economists claim the amount is over $100 billion, or at least in the dozens of billions.

“Whenever the nations would bring something forward, they kept saying, ‘Oh, well, we’re here to listen. We can’t make any commitments. We’re here to listen,’” said Tangie. “That’s not what negotiating means.”

Hennessy set aside some dates in June in Thunder Bay for a court hearing, where the 12 Nations will ask her to review the evidence and determine how much the settlement will be, and which amounts each level of government will pay.

“Even the Supreme Court of Canada said that they have been an unreliable and untrustworthy treaty partner, and the Supreme Court also said that they’ve left the Superior Nations with an empty shell of a promise, and it’s difficult to imagine more powerful or damning words than that,” said Tangie.

“Canada was built on the backs of Indigenous people, and it really has to stop,” said Tangie.

“While this historic case is focused on the losses suffered by our ancestors, it is also about our citizens today and our future generations,” said Chief Patricia Tangie of Michipicoten First Nation. “Just as our ancestors in 1850 sought to secure benefits for their descendants, we today also take our role seriously for our next seven generations. We are carrying on with this struggle so that our children and grandchildren do not have to suffer like so many of our people have for more than a century and a half. That suffering continues to include poverty, poor health and shortened life expectancy.”

The Nations and governments involved could be looking at several more years of litigation in what has already been a decade process.

Topics surrounding future annuities for both Huron and Superior treaties have not yet been discussed.

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