NEWS RELEASES
BATCHEWANA FIRST NATION
ROBINSON HURON TREATY FIRST NATIONS
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BATCHEWANA FIRST NATION - Today, Chief and Council of Batchewana First Nation (BFN) received word that the Ontario Government served their Notice to Appeal Justice Hennessey’s decision on the Robinson Huron Annuities Claim including costs.
Both Canada and Ontario have expressed their desire to negotiate a resolution to the claim of the Robinson Huron Treaty (RHT) group to a fair share on the natural resource revenues within the RHT treaty territory.
“Batchewana is disappointed in the province's decision, however, we are confident that Ontario and Canada will follow through on their inherited obligation through a mediated process. For decades, our people have received the vastly inadequate annual amount that is nowhere near the value of our shared resources of this land,” said Chief Dean Sayers.
“The provincial government has a fiduciary obligation to honour our Treaties and Ontario’s decision to appeal the ruling is unacceptable. We, as sovereign First Nations, will stand together to ensure the promises of the original Treaty are fulfilled,” added BFN Councillor Gary Roach.
Negotiations are to commence in the near future and Batchewana’s entire leadership will soon be in a better position to determine if Ontario prefers litigation to negotiations as the preferred method for achieving lasting reconciliation.
In closing, former Chief and current Councillor Harvey Bell commented, “Ontario’s Premier Ford needs to stop politicizing our People’s wellbeing. The First Nation’s citizens of this province expect historic obligations to be honoured, we all deserve closure to this historic atrocity.”
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Robinson Huron Treaty First Nations Look Forward to Negotiations to Settle the Case
SUDBURY - The Robinson Huron Treaty Litigation Committee is pleased Canada and Ontario have indicated their desire to negotiate a resolution of the claim of the Robinson Huron Treaty to a fair share of the resource revenues within the Robinson-Huron Treaty territory. In her judgement Justice Hennessy wrote:
“I find that the Crown has a mandatory and reviewable obligation to increase the Treaties’ annuities when the economic circumstances warrant. The economic circumstances will trigger an increase to the annuities if the net Crown resource-based revenues permit the Crown to increase the annuities without incurring a loss. The principle of the honour of the Crown and the doctrine of fiduciary duty impose on the Crown the obligation to diligently implement the Treaties’ promise to achieve their purpose (i.e. of reflecting the value of the territories in the annuities) and other related justiciable duties.”
The federal government has decided not to appeal Justice Hennessy’s December 21st, 2018 decision on the Robinson Huron Treaty annuities case.
Ontario has indicated its desire to preserve the ability to appeal the decision of Justice Hennessy including the decision on costs. “The province has served us with their Notice to Appeal. We are very disappointed with this decision, however, we welcome their willingness to seek a settlement through negotiations” said Wikwemikoong Chief Duke Peltier.
Batchewana First Nation Chief Dean Sayers says, “the Robinson-Huron leadership believe that Madam Justice Hennessy’s decision is a very solid and fair decision and identifies a clear path forward for renewal and reconciliation. We’re confident that Ontario and Canada will follow through on their legal obligation through a mediated negotiation process.”
The judgement does provide direction on the appropriate approach to achieve reconciliation:
“The Anishinaabe and the Crown now have an opportunity to determine what role those historic promises will play in shaping their modern treaty relationship. The pressures they
faced in 1850 will continue to challenge them. However, in 1850 the Crown and the Anishinaabe shared a vision that the Anishinaabe and the settler society could continue to co-exist in a mutually respectful and beneficial relationship going into the future. Today, we arrive at that point in the relationship again. It is therefore incumbent on the parties to renew their treaty relationship now and in the future.”
Moreover, the judgement points out that the treaty relationship is long term and does reflect the perspectives and laws of the parties:
The Plaintiffs remind the court that the Anishinaabe Chiefs and leaders came to the Treaty Council to secure a treaty that was consistent with their long-term relationship with the Crown, which was characterized by the Anishinaabe principles of respect, reciprocity, responsibility, and renewal.
From the Anishinaabe perspective, the central goal of the treaty was to renew their relationship with the Crown, which was grounded in the Covenant Chain alliance and visually represented on wampum belts with images of two figures holding hands as part of two links in a chain.
The parties will be meeting soon to discuss the way forward on negotiations. This will provide an opportunity to determine if Ontario prefers litigation to negotiations as the preferred method for achieving lasting reconciliation and, if Canada can advance rights recognition, respect and partnership with the Robinson-Huron First Nations in the existing treaty relationship.
We look forward to a just resolution of this historic case.
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