November 27, 2023
Update on the Robinson Huron Litigation
In 2021, the Government of Ontario appealed Justice Hennessy’s Stage 1 and 2 decisions. The Stage 1 appeal focused on Justice Hennessy’s interpretation of the augmentation clause which was upheld by a majority of the Ontario Court of Appeal (ONCA). The Stage 2 appeal related to Ontario’s technical defenses on limitations and crown immunity. These defenses were unanimously rejected by the ONCA. Ontario then submitted an appeal to the Supreme Court of Canada seeking to overturn the trial and ONCA’s decisions.
On November 7 and 8, 2023, the Supreme Court of Canada will hear the Government of Ontario’s appeal to the decision made by the Ontario Court of Appeals (ONCA) on matters related to the Robinson Huron annuities case.
On November 7 and 8, 2023, the Supreme Court of Canada heard the Government of Ontario’s appeal to the decision made by the Ontario Court of Appeals (ONCA) on matters related to the Robinson Huron annuities case. We do not anticipate a ruling from the Supreme Court until the spring of 2024.
On June 17, 2023, the Robinson Huron Treaty Litigation Fund (RHTLF) and the Governments of Canada and Ontario announced a proposed settlement of $10 billion for past compensation following negotiations in the Robinson Huron Treaty annuities case.
Although this appeal does not change the proposed settlement for past compensation if it is executed, it may affect future litigation or negotiations.
On October 31st, all of the documentation requirements on the part of the Robinson Huron First Nations plaintiffs are complete. Canada and Ontario are currently engaged in their approval processes. M’Chigeeng has been advised that the parties hope to be able to sign the Settlement Agreement by mid December at the latest provided no further delays are encountered.
M’Chigeeng First Nation will commence community information sessions after the Canada and Ontario have signed the Settlement Agreement. Theses discussions will be the follow-up to the summer session that took place in M’Chigeeng. We anticipate several sessions to allow for both on and off-reserve membership to be consulted on the Settlement Agreement.
These sessions will allow for community discussions on the compensation, per capita distribution, anticipated timelines, and trust options regarding the compensation that M’Chigeeng First Nation will receive per the Settlement Agreement.
Until all parties involved in the RTH litigation have agreed and signed off on it, we are unable to provide accurate information about any potential amount that M’Chigeeng First Nation will receive per the Settlement Agreement.
M’Chigeeng is working internally alongside our federal counterparts to ensure all members are counted regarding M’Chigeeng’ population figures to ensure every living member receives their fair share for the per capita distribution.
As information becomes available, it will be shared through the Members Portal at https://mchigeeng.ca and through community engagements. If you have not registered in members portal, please do so to ensure you have access to all the available information. We are also encouraging all the membership to update their contact information via our website to ensure we can get the right information to you in a timely manner. Please be advised that M’Chigeeng First Nation is not requesting banking information in relation to The Robinson Huron Treaty Litigation. Beware of anyone requesting banking information for Robinson Huron Treaty purposes on behalf of M’Chigeeng First Nation. When the time comes for any disbursements, we will advise the membership of how and when it will take place.
Miigwetch,
Gimaa Morgen Hare