Robinson Huron Treaty Annuities Case Continues Monday.

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Batchewana First Nation Chief Dean Sayers.

SUDBURY, ON – Final arguments for the Robinson Huron Treaty (RHT) Annuity case will begin Monday, June 4,2018 in Sudbury at the Radisson Hotel. The RHT Annuity case has been in court since September of 2017. Twenty-one Anishinabek communities with annuitants under the RHTtook the federal and provincial governments to court to uphold the augmentation clause contained inthe 1850 Treaty.

The RHT Annuity case is also being heard with another case involving the Robinson SuperiorTreaty. At issue is the interpretation of an “augmentation” clause, common to both of the Treaties.

The clause provides for increases in the annuity.Twenty-one RHT Anishinaabek nations took Ontario and Canada to court over the Crown’s failureto implement the terms of the RHT . The First Nations RHT beneficiaries have received no increaseto the four-dollar annuity since 1874. The Anishinaabek territory contained within the Robinson-Huron Treaty area includes approximately 35,700 square miles of land on the northern shores ofLake Huron; and the Robinson Superior Treaty covers approximately 16, 700 square miles, north ofLake Superior.

The case is precedent setting because it is the first time a court case is being heard on both the meritsof Canadian Law and Anishinaabe Law, which has historically leaned heavily to the Canadian lawside. RHT Lawyer David Nahwegahbow says, “The treaty has two parties to it, the Crown has itsown laws and unfortunately, the Crown has predominated in that relationship and British and Canadian Common Law has sort of taken over.”

RHT Lawyer David Nahwegahbow

Nahwegahbow hopes the court will come to understand the validity of Anishinabe law and its relevance to the Treaty. He says, “We want to make sure that Anishinaabe law is well recognized and that the court hears the important historical context at the time and that the court understands what Anishinaabe law is.”

RHT Annuities case spokesperson and Batchewana First Nation Chief, Dean Sayers says that at the end of the day, he hopes to see the treaty augmentation clause be brought into a modern context.

Sayers is anticipating final arguments, he says, “I’m looking forward to hearing the chronological summary, all the way up to where we are today. It may not be the prettiest story but it is the truth about how we came to where we are.”

The trial began in Thunder Bay in September 2017, and has moved throughout the RHT Territory, including at Manitoulin Island and Garden River, near Sault Ste. Marie, the site of the Treaty signing in 1850. To read a backgrounder on the Annuity case and an interview with Chief Dean Sayers by Lynne Brown, go here:https://saultonline.com/2017/09/the-robinson-huron-treaty-of-1850-167-years-on/

All closing hearing dates will occur in Sudbury, Radisson Hotel, The remaining hearing dates until the end of phase 1 are as follows: June 4 – 8, 2018 – June 14-15, 2018 (with a possibility for June 13th) – June 18-22, 2018.

A ruling will follow the final arguments in the coming months. If a settlement is not reached, the process will enter Phase Two to begin in the Spring of 2019.

 

4 COMMENTS

  1. It’s funny when the treaties finally start to be recognized how everybody else starts to want equality. Where were you when we first start fighting for equality. All of a sudden everybody wants to get on the wagon lmao. I agree we are all equal but when are the natives going to start being treat as the same. Mind you we do pay taxes an it’s your taxes we pay do research and you’ll know the truth about Canada Nd the natives.

  2. Two settlers describing what you call.benefits and treated fairly…Canadians own 98%/of the land base while the original people.own less than 2%.. Instead of attacking the oppressed whose land you now sit on…question your own governance structure..the golden handshakes.the payouts.. Your deplorable Senate…98%/of your taxes goes to.pay the salaries pensions and mortgages of the ones you keep.voting in.like sheep…libs.cons.lib cons lib cons lol and actually expect change….read the actual case here…it is your oppressive ways that led.to.this claim…I.could.go.on and on but I can tell the garbage you spew above has been ingrained since childhood… Early settlers saved us from our.poor.demise and you continue still to show.us the way lol. While our children were taught about your god and their country by way of beatings rapes.and tortures up.until 1996. ..actually educate yourself ..it’s time to.hit reset…white isn’t always right….these are not benefits,…there concessions made while stealing everything and taking advantage of nations..sad rhetoric above…quick chastise.me.now..educate.me.to.your ways..check.my grammar lol diminish.me and my words as an Indigenous woman..it is what you have been taught.

  3. Nicely said Frank. You hit the nail right on the head. No one deserves any more than the other in this country. Regardless of past history, we all lost and gain something. WE ARE ALL EQUAL, no more special treatment for some and not the others. All legal Canadians deserve to be treated 100% equally.

  4. Sure give them what they deserve, but we deserve the same. “EQUALITY” is what CANADA supposed to be about. I as well as many other Canadians lost family at war for our country. If one person does not pay taxes then none of us should,EQUALITY. If one person does not require a permit to fish or hunt, then none of us should. If one person does not pay gas tax ,,then none of us should. Why should I among many others pay any more than anyone else. If someone does not have to pay for their college education, then why does someone else have to pay.. Its about time we as Canadian citizens are ALL treated equal, and I mean EQUAL. Its time for all of us Canadians to form a group/committee and voice our opinions and our rights as well as anyone else at Parliament Hill and be heard loud and clear that we want the same as anyone else. There should be NO DISCRIMINATION here and we ALL DESERVE exactly the same, NO EXCEPTIONS. I COMMEND THE INDIGENOUS PEOPLE for their efforts but we all need to join them with equal efforts and have the same EQUAL rights/privileges for everyone in CANADA regardless of race or color. Isn’t that what CANADA IS ALL ABOUT, “EQUALITY” EQUAL RIGHTS FOR ALL . Its time for ALL OF US TO STAND UP>

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