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PHASE 1 of ROBINSON-HURON TREATY ANNUITIES CASE WRAPS UP IN EARLY JUNE
Posted: May 28, 2018

PHASE 1 of ROBINSON-HURON TREATY ANNUITIES CASE WRAPS UP IN EARLY JUNE

Closing Arguments begin Monday, June 4 in Sudbury courtroom.  All RHT beneficiaries encouraged to show support by dropping by.

Robert Porter, Sagamok Anishnawbek News      28 May 2018

 

The final arguments in the Robinson-Huron Treaty (RHT) Annuities Case that has been before the Ontario Superior Court since this past September are scheduled for the first two weeks of June. 

These court hearings are open to the public and supporters are encouraged to attend. 

The courthouse is located in the Radisson Hotel in downtown Sudbury.  A sacred fire burns in near the Paroisse Sainte-Anne Des Pins where people can offer semaa. 

The final hearing dates of phase 1 of the RHT Annuities Case cover the first two weeks of June. 

- June 4 – 8, 2018 – Final arguments (Sudbury)

- June 11 – 15, 2018 – Final argument (Sudbury)

 

If a settlement is not reached, the RHT Annuities Case process will enter Phase Two to begin in the Fall of 2018.

 

The plaintiffs represent the 21 Anishnawbek signatories of the 1850 Robinson Huron Treaty and will make concluding statements concerning their positions a key component of the supreme law of the land that defines the relationship they currently maintain with Canada.  

Sagamok is one of 21 Robinson Huron Treaty Signatories with a big stake in the outcome of this case

“The Sagamok leadership strongly encourage our community members to follow the Robinson Huron Annuities case as its outcome will directly impact them,” says Chief Paul Eshkakogan.

Sagamok is one of the 21 signatories of the Robinson Huron Treaty of 1850 identified along with Atikameksheng Anishinabek, Batchewana First Nation of Ojibways, Dokis First Nation, Ojibways of Garden River, Henvey Inlet First Nation, Magnetawan First Nation, Mississauga #8 First Nation, Nipissing First Nation, Serpent River First Nation, Shawanaga First Nation, Sheshegwaning First Nation, Thessalon First Nation, Wahnapitae First Nation, Wasauksing First Nation, Whitefish River First Nation, Aundeck-Omni Kaning First Nation, M’Chigeeng First Nation, Sheguiandah First Nation, Zhiibaahsing First Nation, Wikwemikong Unceded Indian Reserve No. 26.  

The treaty is signed by ancestors of Sagamok Anishnawbek, identified as, 
“FIFTH--Namassin and Naoquagabo and their Bands, a tract of land commencing near Lacloche, at the Hudson Bay Company’s boundary; thence westerly to the mouth of Spanish River; then four miles up the south bank of said river, and across to the place of beginning.”

Phase one began on September 25, 2017 in a Thunder Bay Courtroom for weeks before moving on for a week at the Manitoulin Hotel & Conference Centre in Little Current, another week in Garden River and then to Sudbury’s Radisson Hotel where plaintiffs will make their case until March 29, 2018.  

The Robinson Huron plaintiffs are seeking a declaration from the Court that the Crown remains legally obligated under the Robinson Huron Treaty of 1850 to increase the annuity that is paid to the Anishnawbek Treaty Partners from time to time if their territory produces an amount that would enable it to do so without incurring loss and that the size of the increase is not limited to an amount that is based on one British pound per person.  

The plaintiffs are also asking the Court to determine the meaning or legal impact of the phrase “such further sum as her Majesty may be graciously pleased to order” that is found in the text of the Treaty document, whether the revenues taken into account are restricted only to Crown revenues from the territory, whether gross or net revenues are to be taken into account, what are the principles that govern how to determine annuities increases and whether the amounts paid to individuals each year ($4) should be indexed for inflation.  

The outcome sought by the plaintiffs is to have the court determine that the Crown has not lived up to the spirit, intent and application of the Treaty in relation to its sections relating to annuity payments and promises to see these levels augmented from time to time to reflect the wealth generated from the lands belonging to the Robinson Huron Anishnawbek people.  

They also want the court to determine a method of accounting for the wealth generated from their lands  since the Treaty was signed so that  a settlement can be reached regarding what is owed by the Crown since 1850 up until today, and so that future annuities will have a clear formula for accounting what is to be paid by the Crown to the Robinson Huron Anishnawbek upholding its Treaty relationship responsibilities.  

Phase Two will begin on October 1, 2018 at a currently undetermined location to hear the defendants in this case, both Crowns - the federal and provincial governments will make their case until closing Arguments conclude on November 9 and the court breaks for two months to consider final written submissions.  

There is no telling how long it will take to receive a decision from the court.  
 

The RHT Annuities case is being livestreamed.  You can find the archived videos here: 

http://livestream.com/firsttel

 

You can also follow the case on Facebook here:

https://www.facebook.com/Robinson-Huron-Treaty-Trust-Annuity-Case-1181436448654855/

 

And Twitter here:

@1850RHTreaty

 

Visit their website here: 

www.rht1850.ca

 

Stop by the courthouse in downtown Sudbury. 

It's being held in the Radisson Hotel (next to the Rainbow Centre at the corner of Notre Dame and Elm Street).  

Contact Information For Robinson-Huron Trust:

ROBINSON HURON TREATY LITIGATION FUND

c/o Chairperson, Mike Restoule

1 Miigizi Mikan,

 P.O Box 711, North Bay, ON P1B 8J8

rhttrust@outlook.com

Office: 705.497.9127

Mobile: 705.498.7353 – Fax: 705.497.9135