Province appeals treaty annuity decision

2019: To appeal or not to appeal Indigenous groups react to the Ontario government reserving the right to appeal a decision in the Robinson-Huron treaty annuity case.

The province is appealing the Ontario Superior Court decision in the historic Robinson Huron Treaty annuities case, according to multiple media reports.

“The province has served us with their Notice to Appeal. We are very disappointed with this decision, however, we welcome their willingness to seek a settlement through negotiations” said Wikwemikoong Chief Duke Peltier.

Justice Patricia Hennessy ruled in December that the 21 First Nations treaty members along Lake Huron should be receiving more than the $4 annual annuity they’ve been getting from the provincial and federal governments since 1874.

The ruling did not spell out a dollar figure, leaving it to the parties to negotiate a settlement.

However, the judgement does provide direction on the appropriate approach to achieve reconciliation:

“The Anishinaabe and the Crown now have an opportunity to determine what role those historic promises will play in shaping their modern treaty relationship. The pressures they faced in 1850 will continue to challenge them. However, in 1850 the Crown and the Anishinaabe shared a vision that the Anishinaabe and the settler society could continue to co-exist in a mutually respectful and beneficial relationship going into the future. Today, we arrive at that point in the relationship again. It is therefore incumbent on the parties to renew their treaty relationship now and in the future.”

Following the ruling, First Nations representatives told CTV News they hoped neither government would appeal so negotiations could proceed in good faith.

The federal government has opted not appeal the ruling.

Robinson Huron Treaty Litigation Fund news release January 22, 2019