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$126 billion could be owed in historic treaty settlement

Jul 30, 2024

$126 billion could be owed in historic treaty settlement

A landmark Supreme Court ruling could set a new bar for the costs of economic reconciliation in Canada. 

Driving the news: Canada’s top court ruled that the federal and Ontario governments owe back payments to a group of northern Ontario First Nations after making a “mockery” of the Robinson Treaties, which a dozen Anishinaabe nations signed in 1850, letting the Crown use their lands.

  • In exchange for the Crown settling and industrializing some 92,400 sq. km of territory, the nations would receive annual payments from profits generated by the land.

  • These payments were supposed to increase “from time to time,” but have been capped at $4 per person since the 1870s, which the court found to be unacceptable.  

Why it matters: The feds and Ontario could owe up to $126 billion, per one estimate. Even if the settlement is a less gargantuan sum, it will still likely be the largest litigation award in Canadian history, besting the $23 billion record set last year in a First Nations welfare case. 

Big picture: With economic reconciliation top of mind for governments and First Nations alike, more settlements like this could be on the horizon. For example, last year 21 Huron nations that also signed on to the Robinson Treaties reached a $10 billion settlement.—QH

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