For decades, the Anishinaabe nations under the treaty have argued that the article amounts to an escalator clause
Five years ago, during the first stage of the trial, Ontario Superior Court Justice Patricia Hennessy sided with the Anishinaabe, ruling the Crown had indeed broken a pledge to augment the annuity payments as resource revenues from the region poured in. A 2021 Court of Appeal decision upheld her finding.Ontario is appealing the earlier stage decisions. The case is set to be heard at the Supreme Court of Canada in November.
“We find that to be a preposterous position,” said lawyer Brian Gover, who is representing seven First Nations involved in the claim. “We really challenged the way Ontario, in particular, comes up with its numbers.” Under the “net Crown resource revenue” model, the two governments would be on the hook solely for compensation as a share of royalties and other fees collected directly from resource extraction. Canada states in court submissions that such an award would range from $578-million to $2.45-billion, and that Ottawa should be liable for between 15 and 20 per cent, Ontario paying the remainder.The far higher award estimate arises from the economic rents model favoured by the plaintiffs.
“The major part of the compensation when we see these really big numbers is compound interest,” said Ms. Mainville. “It has to make up for the years and years of ignoring these claims. The sad thing is there are seven or eight generations of people that have been left in poverty because Canada hasn’t ignored these claims. These are real lives.”
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