Update for Robinson Huron Treaty Beneficiaries
December 1, 2023
Supreme Court of Canada Hearing
As you know, Ontario appealed the decision of Justice Hennessy’s stage 1 and 2 decisions to the Ontario Court of Appeal. That Court upheld Justice Hennessy’s Decision and Ontario appealed that Decision to the Supreme Court of Canada.
The appeal at the Supreme Court of Canada was heard on November 7 and 8, 2023, in front of nine Justices. It is impossible to predict how the Court will rule; but from the questions and reactions of the Judges, the RHT lawyers think the case went very well for the Anishinaabe. Ontario was trying to argue that fulfilling the augmentation promise should be left to the discretion and honour of the Crown. However, Ontario’s lawyer was challenged by the Judges as to why the Crown has failed to fulfill the treaty promise over the last 160 years.
The Supreme Court of Canada should issue its Decision in approximately 6 months, i.e., in May or June 2024, but it could be longer. The Decision will not affect the Settlement Agreement for past compensation. However, it does have the potential to affect the go- forward negotiations regarding the application of the augmentation promise into the future.
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