The Robinson Huron Treaty Litigation Fund (RHTLF) is welcoming Friday’s decision on annuities from the Supreme Court of Canada.
It stems from Ontario’s appeal of stages one and two of the case.
Officials say they’re ‘very happy’ with the decision, saying it vindicates the essential position taken by the fund throughout the litigation.
Chief Angus Toulouse says the Supreme Court’s decision is balanced.
“The decision highlights the need for Canada and Ontario to reach a fair settlement with RHT First Nations for the implementation of the annuities augmentation clause of the RHT going forward,” he says.
21 First Nations are involved, including Nipissing and Dokis.
The Supreme Court of Canada declared that:
- Under the Augmentation Clause of the Robinson Treaties, the Crown has a duty to consider, from time to time, whether it can increase the annuities without incurring loss.
- If the Crown can increase the annuities without incurring loss, it must exercise its discretion as to whether to increase the annuities and, if so, by how much.
- In carrying out these duties and in exercising its discretion, the Crown must act in a manner consistent with the honour of the Crown, including the duty of diligent implementation.
- The Crown’s discretion must be exercised diligently, honourably, liberally, and justly. Its discretion is not unfettered and is subject to review by the courts.
- The Crown dishonourably breached the Robinson Treaties by failing to diligently fulfill the Augmentation Clause.
- The Crown is obliged to determine an amount of honourable compensation to the Superior plaintiffs for amounts owed under the Augmentation Clause for the period between 1875 and the present.
Annuities haven’t increased beyond $4 per person since 1875.
In January, a $10 Billion settlement involving past compensation was signed.
