November 6, 2023
The Supreme Court of Canada is set to deliberate on the interpretation and fulfilment of the Crown’s commitment to increase annuity payments to Anishinaabe beneficiaries under the historic Robinson Huron and Robinson Superior Treaties.
These treaties, established in 1850 by the Anishinaabe of the Upper Great Lakes, were founded on mutual respect, sharing, and coexistence. They included a pledge by the Crown to enhance the yearly financial benefits to the Anishinaabe if the exploitation of their lands yielded considerable profits. Despite the territories generating billions from industries like forestry and mining, the Anishinaabe still receive the same $4 per person annually that was set in 1875.
The Restoule case, a litigation brought by Anishinaabe Treaty beneficiaries, challenges the Crown’s non-compliance with these incremental annuity increases. A trial judge has already affirmed the Crown’s duty to raise these payments, considering Anishinaabe legal principles. The subsequent phases of the trial are tasked with addressing technical defences and determining the owed compensation.