First Nations wait for judge’s ruling of appeals

First Nation litigants are now waiting for the judge’s final ruling.

Late last month, the Ontario Court of Appeals heard arguments into the appeal of annuities under the Robinson-Huron Treaty and the Ontario government.

With concluding arguments held on April 28th, Mike Restoule the chair of the Robinson Huron Treaty Litigation Fund, says members are pleased with the way the Stage One appeal brought forward by the Ontario government went.

Restoule says the five-member panel of judges heard evidence of the Anishinabek understanding of the treaty, especially the augmentation clause and are also aware that the federal government agrees with the original decision by Justice Patricia Hennessey that annuities should be equitable to today’s dollars.

Restoule says the Ontario government’s Stage Two appeal regarding Hennessey’s decision on no limitations to the plaintiff’s claims, which will be heard in June. 

The ruling held that signatory First Nations to the 1850 treaty were owed back annuities adjusted to today’s dollars after the Crown failed to live up to the terms of the 171-year-old Robinson Huron Treaty of 1850.

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