Ontario Government Appeals Robinson
Treaties
Ruling
Negotiate, Don't
Litigate!
Justice Delayed Is Justice
Denied!
- David Starbuck -
On January 21, the Ontario Government served
Notice to
Appeal the decision of Justice Patricia Hennessey of the Ontario
Superior Court on the Robinson-Huron Annuities Claim. Justice
Hennessey had ruled that the $4 per person per year payment to
30,000 members of 21 Anishinaabe communities which had
not been increased since 1874 must be increased. "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
imposed
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," wrote Justice Hennessey in her decision. Justice
Hennessey did not rule on the amount of the increase in
Treaty annuity payments, leaving that to the parties to
negotiate, but remained seized of the matter and will hold
hearings and make a ruling if the two sides cannot reach an
agreement.
The Ontario Government's decision to appeal
Justice
Hennessey's decision is unconscionable and a denial of justice.
Justice delayed is justice denied. In this case, justice has been
delayed for 145 years. At the same time, the Ontario government
says that it is willing to negotiate. This "willingness to
negotiate" smells of a threat to the Anishihnaabek people:
negotiate a
settlement that is agreeable to the Ontario
government or face protracted litigation to avoid resolution of
the issue.
Batchewana First Nation (BFN) Chief Dean Sayers
said,
"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." BFN Councillor Gary
Roach
stated, "The provincial government has a fiduciary obligation to
honour
our Treaties and Ontario's decision to appeal the ruling is
unacceptable." He added that, "We as sovereign First Nations will
stand
together to ensure the promises of the original Treaty are
fulfilled."
Former BFN 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."
The victory won by the Anishinaabe in the
Robinson
Treaties
annuities case was won because of the efforts of the Anishinaabe
themselves who presented a case that Justice Hennessey had no
choice but to recognize, not because the Canadian state had
suddenly become reasonable and was now willing to recognize the
treaty rights of the Anishinaabe people and make amends for
almost a century and a half of injustice.
The federal government of Liberal Justin Trudeau
announced
that it was not appealing Justice Hennessey's ruling stating that
it preferred to "negotiate, not litigate." These Liberal words
are designed to fool the gullible. The federal government is
using militarized police to try to force a pipeline through
unceded Indigenous lands in BC yet it stands for "negotiation" in
Ontario. Such hypocrisy! They knew that the Ontario government
would almost certainly appeal and that the federal Liberal
government could safely stand aside.
The Anishinaabe people have always sought to seek
a
negotiated settlement to the Robinson Treaties annuities issue.
They sought to negotiate a solution before entering into
litigation. At the time, it was the Harper Conservative
government federally and the Wynne Liberal government
provincially. A switch in the party in power in each jurisdiction
did not matter. The Trudeau Liberal government federally and the
Ford Progressive Conservative government provincially did not
change
the position of
their predecessors but continued with litigation.
The Robinson-Huron Treaty Litigation Committee
said
representatives of the Indigenous communities and government
officials will meet soon to discuss the way forward. "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," the committee said. "We look
forward to a just resolution of this historic case."
While the Canadian state, and the monopolies it
serves,
continue to obstruct a principled, honourable and timely solution
to the Robinson Treaties annuities augmentation case, Indigenous
people have a firm ally in the Canadian working class, in whose
ranks also militate many Indigenous people. It is the working
class, which in order to liberate itself from the chains of
monopoly capitalism, must emancipate all of humanity, including
Indigenous peoples. It is the working class, whose interests lie
with those of Indigenous peoples in the spirit of the Treaties,
to share the land, and to build a modern society in which workers
and Indigenous peoples live together in peace, harmony and
prosperity.
Negotiate, Don't Litigate! Justice
Delayed Is
Justice Denied!
This article was published in
Volume 49 Number 3 - February 2, 2019
Article Link:
Ontario Government Appeals Robinson
Treaties
Ruling: Negotiate, Don't
Litigate!
Justice Delayed Is Justice
Denied! - David Starbuck
Website: www.cpcml.ca
Email: editor@cpcml.ca
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