Canada's Top Court Rules Crown Breached First Nations Treaty

Above: A First Nations representative carries the Union Jack during Canada Day celebrations in Calgary, Alberta. Image copyright: Wikimedia Commons

The Facts

  • Canada's Supreme Court on Friday ruled that Ottawa and Ontario must compensate First Nations tribes for breaching the obligations of the Robinson Treaties signed between the British Crown and the Anishinaabe of Lake Huron and Lake Superior in 1850.

  • In a unanimous ruling, the Supreme Court justices criticized the Crown for its "dishonourable" conduct around the 174-year-old agreements and asked it to enter into negotiations with the beneficiaries of the Robinson Treaties within six months.


The Spin

Establishment-critical narrative

By violating revenue-sharing agreements, the Crown left thousands of Northern Ontario First Nations struggling in poverty while it enriched itself by exploiting their abundant natural resources. Friday's landmark ruling sets out the Crown's obligations to negotiate an increase in resource revenues retrospectively and into the future. It also ensures First Nations tribes have a fair share of the wealth generated by minerals, lumber, and waters on their erstwhile territories.

Pro-establishment narrative

Over the years, the Crown has spent billions of dollars to settle the First Nations tribe, open it up to industry, and address the serious issue of child welfare and the protection of the next generation. Though it may have reneged on its promises, it continued to invest in Indigenous self-determination and economic reconciliation. The Crown will also honor the top court's ruling, come to the table with clean hands, and try to reach an amicable agreement.


Articles on this story