THUNDER BAY — A northern Ontario First Nations leader says he's disappointed the Ontario government has retained its option to appeal a historic court decision, but he still hopes for a negotiated settlement.
Last month a Superior Court judge in Sudbury ruled in favour of First Nations claimants in a case involving the interpretation of treaties that were signed nearly 170 years ago.
Signatories to the Robinson Superior and Robinson Huron treaties of 1850, including the Red Rock Indian Band and the Whitesand First Nation, had argued that Canada and Ontario had abrogated their treaty responsibilities by keeping annuity payments to members of the First Nations frozen at $4 a year since 1875.
The court agreed with their claim that the treaty's augmentation provision was intended to allow for periodic increases in payments based on the wealth generated by the territories the First Nations had ceded to the crown.
After the ruling, First Nations spokesperson Mike Restoule told Tbnewswatch an economic historian has estimated the potential revised annuities, and the numbers he's come up with are "huge."
Restoule declined to reveal the consultant's figures, saying the final outcome would need to be negotiated with the governments.
On Tuesday, the Anishinabek Nation announced that the federal government has decided not to try to overturn the court decision, but the province has served it with a Notice to Appeal.
"We are very disappointed with this decision, however, we welcome their willingness to seek a settlement through negotiations," said Wiikwemkoong Ogimaa Duke Peltier.
Batchewana First Nation Chief Dean Sayers said the judge's decision identified "a clear path forward for renewal and reconciliation" and that he is confident the governments will proceed to a mediated negotiation process.
Fort William First Nation Chief Peter Collins, whose community falls under the Robinson Superior Treaty, welcomed the court ruling last month, saying it created "a great opportunity for our members to get rewarded for the loss of their share of resources" in their territory.
Whitesand First Nation and the Red Rock Indian Band plan to hold a meeting with their members in Thunder Bay early next month to discuss the ramifications for them.
Federal and Ontario representatives are scheduled to meet with First Nations officials before that, on January 30, to discuss next steps.
Confirmation of the meeting came Wednesday from a spokesperson for Crown-Indigenous Relations and Northern Affairs Canada.
In a statement provided to Tbnewswatch, the spokesperson said the federal government prefers to "to find the common ground for moving together toward a resolution out of the courts."
