MICHIPICOTEN — The effort to address long-standing financial grievances under the Robinson Superior Treaty has taken the form of legal action as discussions with the federal and Ontario governments collapsed. Chief Pat Tangie of the Michipicoten First Nation expressed disappointment, reporting the Crown's negotiation team viewed their offer of $3.6 billion as fair, but she disagreed, stating it was "absolutely not fair compensation."
The longstanding dispute revolves around the interpretation and execution of the 1850 treaty, which required annuities to be adjusted according to the land's growing economic output. Despite this agreement, payments have remained at just $4 per year since 1874.
"The governments’ refusal to come to grips with their treaty obligations has continued 175 years of broken promises, lies and neglect," Chief Wilfred King of Gull Bay First Nation remarked. The current negotiations failed to meet the expectations set by Canada’s Supreme Court last year, which directed negotiations to finalize compensation by January 26, 2025. The court’s ruling underscored the federal and provincial governments' shortcomings, characterizing their interactions as "dishonourable" and their treatment of First Nations as inequitable.
The parties involved feel deeply disrespected by what they term as insufficient offers. Chief Tangie highlighted the inadequate engagement from the Crown during the negotiations: "For six months, the First Nations have engaged meaningfully and honourably… The governments did not."
Despite the Crown's insistence it negotiated "in good faith," the First Nations found little common ground to achieve meaningful progress. The Supreme Court had chastised the government for its neglect, pointing out the stark inequities faced by the Indigenous populations.
The Robinson treaty encompasses lands hosting significant resources, which have not translated to fair benefits for First Nations. The Canadian government exploited these resources over decades, leading to vast profits for private investors and the province of Ontario, leaving Indigenous groups to grapple with intergenerational poverty.
The chiefs are now seeking recourse through the courts, with the litigations aiming not only to remedy past injustices but to set up sustainable futures for the next generations. The Supreme Court's order to conclude the negotiations opened the door for judicial intervention if the discussions remained unfruitful.
Chief Tangie expressed urgency about the need for resolution: "That suffering continues to include poverty, poor health and shortened life expectancy." Leaders have vowed to pursue justice for the sake of their future generations, echoing the intentions of their ancestors who fought for similar rights over 170 years ago.
The current situation echoes past treaties where Indigenous groups settled for inadequate compensation. Twenty-one signatories of the Robinson Huron Treaty reached settlements out of court, receiving C$10 billion, but the Robinson Superior First Nations are pushing for judicial acknowledgment of their rightful due.
"We are carrying on with this struggle so our children and grandchildren do not have to suffer like so many of our people have for more than a century and a half," Chief Tangie declared. With the legal process expected to drag on, they remain resolute.
Residents of the First Nations communities continue to face adversity and uncertainty as negotiations falter. The looming court dates are seen as both hope and necessity for addressing the historical grievances.
The issues surrounding the Robinson treaties align with broader themes of treaty rights, ensuring reparative justice for marginalized communities, and confronting systemic inequalities ingrained within the treaty processes.
The comments from Chief Wilfred King emphasizing the misinformation and mistakes made by the governments reiterate the frustrations felt throughout the negotiations. "They consigned our communities to intergenerational poverty…Their decision today does not make up for 175 years of refusing to share the wealth of our lands," he stated.
With Indigenous leaders adamant on pursuing their demands through both legal channels and public advocacy, the pressure is on the federal and provincial governments to address these oversights responsibly and respectfully. The Supreme Court's mandate could serve as either the impetus for genuine discussions or lead to prolonged court battles as the communities refuse to settle for anything less than what they believe is fair and just.