Crown has the discretion to determine annuity increases to 1850 Robinson treaties, but courts can still intervene if necessary
The Supreme Court of Canada has concluded that while Ontario has the discretion to increase annuities under the Robinson treaties, the Crown's discretion can still be subject to review by the court.
The court also concluded that despite the province's argument, the Huron and Superior plaintiffs’ breach of treaty claims are not statute-barred by Ontario’s 1990 Limitations Act. The treaties included a clause that states the payments should increase over time, so long as the Crown did not incur a loss, but they have been frozen at $4 per person since 1875.
The Ontario Court of Appeal upheld most of the trial judge's findings, ruling that the Crown violated its promise to share resource revenues.In June 2023, the Robinson Huron litigation group reached a $10-billion settlement with the Ontario and Canadian governments for past claims. It has not yet dealt with the issue of how much the payments should be going forward.
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