A historical win has been announced for First Nations people.
168 years after signing the Robinson-Huron Treaty, the calls from former and current Anishinabek Chiefs for the Crown to fulfill its Treaty promise to share the resource revenue of the Treaty territory have finally been heard. The decision to acknowledge the Treaty was announced Monday.
Under the Treaty, agreed upon on September 9th, 1850, the Lake Huron Anishinabe agreed to share their lands and resources with the settlers. This translates into approximately 35,700 square miles of territory.
“In return, the Crown promised, among other things, to share the net resource revenues generated from the use of the land by paying annuities that would be augmented based on the productivity of the Treaty territory. Although great wealth has since been generated from the territory, Anishinabek Treaty beneficiaries received only $4.00 per year since 1874,” said a press statement issued by the Robinson Huron Treaty litigation fund.
“It was discontent about mining activities by settlers without the free, prior and informed consent among the Lake Huron Anishinabek that forced the Crown to enter into a treaty relationship to get access to the lands and resources they coveted. Unfortunately, the failure to honour the Treaty promise meant the discontent continued and will continue until the case is settled. The decision is the first step to have the Treaty enforced to deliver a sharing of the wealth that our ancestors negotiated,” according to Batchewana Chief Dean Sayers.
The decision establishes that the promise is enforceable in court unless the government negotiates a mutually acceptable approach with the First Nations. The decision also observed the opportunity for reconciliation through treaty renewal.
“I’m going to be cautiously optimistic. I’m joyful with trepidation. I’m still worried about the honour of the Crown and its fulfilment even though it’s black and white with the obligation. I sometimes wonder about the Canadian legal system and how that can benefit us. We’ve not always been treated the way we would like to have been treated based on our understanding of history. I’ll look at it and be comfortable with where we find ourselves today though I will be a little cautious of my expectations,” the Cheif said.
Sayers says the next part of the process is a review of the statute of limitations. He says that until the 1950’s, it was illegal for First Nations people to receive higher education, to hire a lawyer and sue the Crown.
“It’s going to be an uphill battle but we’re ready for it,” he said. “There is rent to be paid to the Indigenous people and Canada has an obligation to pay the rent and we need Canadians to understand that.”
