Garden River rejects immediate individual payout model for RHT settlement
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Garden River First Nation leadership has decided not to pursue a 100 per cent per capita distribution of the Robinson Huron Treaty (RHT) settlement, which amounts to $10 billion split between 21 Indigenous communities.
Chief Karen Bell informed Garden River members of this decision Monday, stating that another distribution model will help them avoid “the financial pitfalls” that could arise from depleting the nation’s funds through immediate individual payout.
“Garden River First Nation leadership upholds a profound fiduciary duty to our entire community, including future generations,” Bell said in a news release that was posted to social media.
“This commitment shapes every decision we make, ensuring alignment with the community’s best interests.”
Recently appointed RHT coordinator, and former Sault Ste. Marie mayoral candidate, Robert Peace told The Sault Star that Garden River chief and council made this decision knowing that other First Nations have been adversely impacted by distributing settlement money in one fell swoop.
“There have been cases … not related to Robinson Huron, where a band has paid 100 per cent of the funds out and then a year later, five years later, some people start coming forward with (other) claims,” he said.
“And suddenly they’re millions of dollars out and nobody is going to pay their money back to then pay those people.”
To try and avoid this scenario moving forward, Peace will be holding consultation sessions in Garden River throughout the next couple weeks, with the hope of raising awareness and coming up with a distribution model that benefits the community as a whole.
“I know on the surface a lot of people think ‘there’s the money, just give it to us,'” he said. “But it’s not that easy and it would be irresponsible to do it that way.”
Garden River leadership approved its RHT annuity settlement back in November, being the last of the 21 First Nations involved in this case to do so because of a fall election that resulted in new leadership.
In January, leaders representing all 21 Indigenous communities met and finalized the parameters of a multi-billion-dollar deal, giving these First Nations the green light to roll out their distribution plans to members.
The Robinson Huron Treaty was originally signed in 1850 between the British Crown and 21 First Nations living on or near the shores of Lake Huron.
While the Crown promised to fairly compensate these Indigenous communities for use of their land — which led to the extraction of valuable resources such as nickel, copper, uranium and timber — annuity rates have remained the same since 1875.
This historic disparity was finally brought before the court in major fashion following the formation of the Robinson Huron Treaty Litigation Fund in 2010.
The Ontario Superior Court of Justice ultimately sided with the Litigation Fund’s legal team in 2018, ruling that the Crown had an obligation under the original 1850 treaty to increase annuities as wealth generated from the land increased over time.
After five years of work, the parties involved finally reached a proposed settlement this past June, with members of the provincial and federal governments agreeing to pay the 21 First Nations around $10 billion for past losses.
kdarbyson@postmedia.com
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