A group of Ontario First Nations is heading back to court to push for what could be a milestone settlement for economic reconciliation.
Driving the news: Representatives of 12 First Nations in Ontario have turned down a $3.6 billion settlement offer from the provincial and federal governments for allegations that their land was exploited for commercial gain, despite guarantees set out in a 175-year-old treaty.
- A separate court case representing Anishinaabe Nations on the shores of Lake Huron settled out of court for $10 billion in 2023.
Catch-up: Six months ago, the Canadian Supreme Court ruled that the governments have made a “mockery” of the treaty and withheld fair compensation for natural resources, with an estimated value of $135 billion.
- Payments under the 1850 treaty were supposed to increase periodically, but have been capped at $4 since the 1870s, even as the land continued to be developed.
- The Anishinaabe Nations on the shores of Lake Superior is pushing through the courts for a larger settlement.
Why it matters: One economist testified in court that the settlement could reach $126 billion, which would be by far the largest litigation award in Canadian history. If that’s in the ballpark of what the Lake Superior group has in mind, this 20-plus-year legal battle could drag on a lot longer.—LA