170-Year-Old Agreement with the Canadian Crown Could Lead to a Multi-Billion Dollar Payout

Litigation brought against the government of Canada could result in a multibillion-dollar payday for the Indigenous inhabitants if the nation is forced to uphold a promise they made nearly two centuries ago.

Two treaties were signed in which the Anishinaabe tribe agreed to “fully, freely, and voluntarily” give their land to the Crown. However, they were allowed to continue fishing and hunting on the land, and Queen Victoria’s government would pay them an annual fee.

The payment started out small. However, the treaty contained a clause that allowed for an increase in the future if the land became increasingly prosperous.

Instead, as the Indigenous peoples continued to battle against poverty and other misfortunes, those associated with the Crown prospered greatly from trading the resources of the region.

“One treaty partner is getting rich at the expense of the other,” he told The Washington Post.

“Our elders have always said that the only consistent thing about the treaty is that it has never been honored by our treaty partner,” he said.

The legal case could result in the largest payout in the history of the nation. But it could also help dictate how the revenue from resources is spread among native groups in the future.

He said to The Guardian, “Where do First Nations turn if they aren’t being treated fairly by government? They have to have recourse to the courts.” 

Raymond went on to argue this left many Indigenous groups in poverty. During the 1990s, his testimony was used in a legal dispute that discussed the true extent of the broken promise and how much compensation the groups were entitled to.

While Terrace Bay thrived with industries and modern amenities in the 1960s, Pays Plat was characterized by basic tar-paper shacks lacking electricity and running water. Goodchild recalls to The Guardian, that getting a home with running water took two decades.  

Despite living in poverty for most of his life, he has seen gradual improvements in his community, such as the introduction of running water and electricity. 

Between 2011 and 2016, Canada’s auditor general found that only 24% of students on reserves completed high school within four years, a stark contrast to nearby towns. 

“It’s not just about the annuity. It’s about the erosion of our rights, the erosion of our people’s ability to live their lives.”

The Guardian reveals that Chief Hardy points out the profound impact of the “deeply racist”  policies under the Indian Act, describing them as deeply ingrained and pervasive in the daily lives of Indigenous communities.

Their traditional knowledge about land and water, essential for living a good life, or mino-bimaadiziwin, was compromised by the broken promises of the Crown. This loss has had lasting effects on their way of life, The Guardian reports. 

Over the following 173 years, the lands and waters encompassed in the deal generated great profits for companies – and large amounts of money for the province of Ontario, but the annuities remained capped at $4 per person and never increased, The Guardian reports. 

She agreed the Crown dependencies had “completely forgotten” their original promise and argued the court possesses the “authority and the imperative” to seek restitution for the First Nations.

Hennessy wrote, “They were giving the greatest gift of all – ‘the land and water over which countless generations of their ancestors had presided … the source of bimaadiziwin, which is to say, life in the fullest sense of the term.’”

“If you’ve owed somebody something year after year after year for 170 years, it’s a lot of money,” he told The Washington Post.

However, Harley Schachter, co-counsel of numerous First Nations, argued against their opinion, stating, “After 173 years of government neglect and inattention, it is only fair and just for the chickens to come home to roost.”

The Guardian reports Chief Wilfred King of Gull Bay envisions the potential for substantial development, including housing, medical facilities, and infrastructure. 

He said to The Guardian, “We were put in abject poverty. And now we’re coming to a possible resolution where our people will no longer live in squalor. They’ll be able to reach their full potential as First Nations people on the territory that was rightfully ours.”

She considers the impact on future generations, questioning to The Guardian, “How do we manage it for their futures to make sure they’re set up, like if my son wants to go to Harvard Law School or Trinity College?” 

She continued that the treaty “wasn’t sort of living in squalor” while settlers lived “lives of plenty.”