The group overseeing the litigation of the Robinson Huron Treaty annuities claim says there’s no truth to the "misinformation" that's being spread on social media alleging that it’s risking the delay of per capita distribution payments to treaty beneficiaries next month.
In a statement released Monday, the Robinson Huron Treaty Litigation Fund (RHTLF) — composed of chiefs, trustees and its litigation management committee — remained “hopeful” that a pair of court applications being heard in Ontario Superior Court next week will not delay the distribution of hundreds of millions of dollars to 21 First Nations in Robinson Huron Treaty territory as part of a historic $10-billion settlement that was finalized with Canada and Ontario earlier this year for past compensation.
The first installment of the settlement is anticipated to be distributed to First Nations Aug. 9.
“It is, and always has been, the intention of the RHTLF to avoid any delay in the transfer of compensation funds to the communities for their own distributions in the communities,” the litigation fund said in a release issued Monday.
Garden River First Nation and Atikameksheng Anishnawbek First Nation filed an application in Ontario Superior Court last month, opposing the decision to pay lawyers $510 million in contingency fees for their work on the Robinson Huron Treaty annuities claim.
The legal counsel includes Nahwegahbow Corbiere Genoodmagejig Barristers and Solicitors, an Indigenous law firm based in Rama, Ont. Two others law firms — Semaganis Worme and Mark L. Stevenson & Associates — have also been named in court documents.
This past April, lawyers for the litigation fund agreed to allocate half of that amount — $255 million — to support various "Anishinabek causes" in the treaty territory, such as language revitalization, advocacy for Anishinaabe law and customs and future litigation.
In its statement, RHTLF alleged that Atikameksheng Anishnawbek First Nation Chief Craig Nootchtai accused trustees of “acting illegally and wasting trust assets” by approving the multi-million dollar lawyers’ bill.
In a July 16 release, Atikameksheng disclosed that the $510 million in legal fees are being held in two separate accounts, and are not tied to the settlement dollars that are to be distributed to First Nations in August.
RHTLF has filed its own application in court, asking for a ruling that compensation funds are not considered to be trust assets. If the compensation dollars end up being considered as trust assets, the litigation fund said, the court would normally have to review and approve all accounts.
The litigation fund added that its own trust indenture contains a definition of trust assets that specifically states that compensation proceeds are not trust assets, and that compensation proceeds are to be distributed according to the terms of the compensation disbursement agreement.
“A ruling that the compensation proceeds are not trust assets would pave the way for the RHTLF to transfer funds to the 21 communities in order for the communities to proceed with their per capita payments,” the litigation fund said in its statement.
In its statement released earlier this month, Atikameksheng Anishnawbek claimed that the court application put forth by RHTLF may cause delays in the distribution of settlement funds next month. It also claimed the clarification on the definition of trust assets is not required in order to have the $510-million lawyers’ bill assessed.
The case is scheduled to be heard before Ontario Superior Court in Toronto July 30. Lawyers involved in the case have requested that the court expedite the matter so the Aug. 9 distribution date will not be delayed.
The litigation fund did not respond to an interview request made by SooToday earlier this week.
The $10-billion settlement provides past compensation to Robinson Huron Treaty beneficiaries after not seeing an increase to annual treaty payments for 150 years, as wealth generated in the territory through resource revenues from the mining, forestry and fishing sectors continued to grow.
The annual treaty payments to Anishinaabe beneficiaries, known as annuities, have remained capped at $4 per person since 1875.
In 2018, the Ontario Superior Court of Justice ruled the Crown had an obligation under a clause in the 1850 treaty to increase annuities as wealth generated from the land grew over time, so long as the Crown can do so without incurring a loss.
A $10-billion settlement was announced in 2023, with Canada and Ontario paying out $5 billion each, despite the province proceeding with an appeal of previous court decisions during the annuities claim.
Increases to future treaty annuity payments, meanwhile, have yet to be determined.