Canada and Caribbean (Commonwealth Union) – Canada’s Supreme Court recently stated that the federal and Ontario governments need to issue payments after ‘dishonourably’ neglecting a 174-year-old agreement.
More than 170 years ago, several treaties were signed between Canada’s British colonial settlers and various Indigenous groups. These treaties were pivotal in shaping the relationship between Indigenous peoples and the colonial government, laying the groundwork for the formation of Canada as a nation.
The judgement was welcomed by first nations groups. The first nations group the Assembly of Manitoba Chiefs (AMC) responded to the decision by stating that this case involves the Crown’s interpretation of sacred Treaty promises made to the Anishinaabe of the Upper Great Lakes region. In 1850, the Robinson Huron and Robinson Superior Treaties were established. As part of these Treaties, the Crown committed to making annual payments to the Anishinaabe, known as annuities, which were intended to reflect the profits from resource development.
The AMC pointed out that in 1875, the annuities were increased to $4 per person. However, this amount has not been adjusted since then, despite billions of dollars in profits from natural resources extracted from the Treaty territories. In 2015, the Anishinaabe filed a lawsuit against Canada and Ontario for failing to uphold the annuity provisions of the Treaties.
Understanding the significance of this case and its far-reaching effects on First Nations in Manitoba and throughout Canada, the AMC took part as an intervener. The AMC’s submissions to the Supreme Court concentrated on interpreting Treaty promises in a way that honors the Nation-to-Nation relationship between Treaty partners while recognizing the Crown’s post-Treaty behavior and its unilateral shift from Treaty partner to authoritarian power. The AMC highlighted the distinct and sacred nature of Treaties, as solemn agreements made to establish mutually beneficial relationships. The AMC urged the Court to ensure that the Canadian judicial system can meaningfully enforce the Crown’s Treaty obligations, arguing that doing so would promote reconciliation by holding the Crown accountable for its promises and diverting away from its history of bad faith and authoritarian actions.
The court decision will be seen by First Nations people in the world, which has previously seen a mockery of treaties across the world, hence the unanimous decision by the court may have far reaching consequences.
