No deal: Canada and Ontario unable to negotiate settlement with Robinson Superior First Nations

Six months ago, on July 26, 2024, the Supreme Court of Canada admonished the governments of Canada and Ontario for breaching the Robison Superior Treaty and ordered them back to the negotiating table.

OTTAWA — The deadline has passed in the negotiation of a multi-billion dollar treaty settlement.

The Supreme Court of Canada gave the provincial and federal governments a strict six-month timeline to negotiate a settlement agreement with the 12 First Nations of the Robinson Superior Treaty area.

If an agreement could not be reached in that time, the courts ordered the government to determine a settlement amount and provide it to the First Nations.

A representatives for both the federal Ministry of Crown-Indigenous Relations and the provincial Ministry of Indigenous Affairs and 
First Nations Economic Reconciliation have confirmed that they have determined a compensation amount.

Although Canada and Ontario have not released that compensation number, the First Nations confirmed Monday that the combined offer from both Canada and Ontario was $3.6 billion. Although that offer was refused by the First Nations, both governments have confirmed it will still be paid, as ordered by the Court.

"In keeping with the Court’s guidance, we are moving forward to provide the financial compensation to the Robinson Superior Treaty First Nations," reads a written statement from the office of Gary Anandasangaree, Minister of Crown-Indigenous Relations and Northern Affairs of Canada.

"We have recently informed the 12 First Nations of the amount that Canada will provide as compensation. We believe this is fair and just compensation to honour our treaty obligations and address these past wrongs.
 
"While the details remain confidential at this time, the compensation is fair, just and honourable in this case. Arriving at the compensation amount Canada considered the factors set down by the Supreme Court of Canada, our past discussions with our treaty partners, all the facts in this case, and the evidence heard during the trial."

According to the statement, the federal government is continuing to communicate with the First Nations, which will determine among themselves how the  compensation will be allocated.

The First Nations will be seeking a review in the courts.

The Robinson Superior First Nations had been suing the Crown for more than $100 billion but in its July 26 ruling, the Supreme Court also threw out that suit. However, that research and testimony can be brought forward again.

A related agreement with the 21 Robinson Huron Treaty First Nations was previously settled for $10 billion dollars.

This story has been updated to include the compensation figure provided by the First Nations.

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