The Supreme Court of Canada Restoule Decision – FCPP

August 13, 2024

With respect to the future interpretation of the Robinson treaties, the Supreme Court ruled that the Crown has a duty to consider, from time to time, whether it should increase the present $4 annuity. If it decides to increase the amount, it must use discretion in deciding by how much. The Crown’s discretion is not unfettered; it is to be exercised “liberally, justly, and in accordance with the honour of the Crown.”

With respect to the issue of how to deal with past breaches of the treaties, the Supreme Court ruled that Canada and Ontario must pay an “honourable” and “substantial” amount of compensation to the Robinson Superior treaty Aboriginals for 150 years of allegedly breaching the treaty, which will be “subject to review by the courts.”

The Court’s order to these governments was, in my view, an improper prejudgment of the basic issue of whether any amount was warranted, because the treaty stipulated that an increase in the annuity would only be justified “if the ceded lands produce[d] an amount that would allow the Crown to increase the annuities without incurring a loss.” Of course, figuring this out requires an extensive factual enquiry.

Read More: https://fcpp.org/2024/08/13/the-supreme-court-of-canada-restoule-decision/