First Nations Canadians are taking legal action over compensation disputes, arguing the government has failed to uphold treaty commitments made 175 years ago.
Gull Bay First Nation chief, Wilfred King, says negotiations have been flawed from the start.
Mr King pointed to a Supreme Court ruling which allowed the federal and Ontario governments to determine the payout if no agreement was reached with the 12 First Nations of the Robinson Superior Treaty area.
"The governments' refusal to come to grips with their treaty obligations has continued 175 years of broken promises, lies and neglect," Mr King said, The Guardian reports.
He emphasised the nations seek a settlement that is "just, liberal, generous and honourable."
The dispute stems from the Robinson treaties, signed in 1850 between the British crown and Anishinaabe nations near Lakes Huron and Superior.
These agreements covered 35,700 square miles (92,400 sq km) and included an "augmentation clause" requiring annuity increases when land-generated wealth allowed it, provided the crown did not incur a loss.
Despite significant profits from these lands, annuities were capped at $4 per person in 1874 and never raised.
Meanwhile, industry and government benefited substantially from the region's resources.
In a unanimous ruling in 2021, the Supreme Court found the Crown had failed to uphold the augmentation clause and directed negotiations for a fair resolution.
In July 2023, the court reaffirmed this ruling, condemning the federal and Ontario governments for their "dishonourable" handling of the treaty.
On 23 January last year, the Crown set the payout at $3.6 billion—far below the expectations of First Nations leaders.
"We didn't accept it. We thought it was too low. The chiefs unanimously rejected their offer," Mr King said.
"There was nothing compelling them to listen to our arguments, to look at our evidence."
While the Robinson-Huron Treaty, covering 21 First Nations, secured a CA$10 billion settlement, the Robinson-Superior group continued litigation.
"We feel we're not bound by what they received," Mr King said, via APTN News.
"We're a separate group, and the value of the resources taken from our territory was estimated at around $135 billion."
The Robinson-Superior Treaty territory, stretching from Batchewana Bay to Pigeon River and inland, has generated immense wealth from minerals, forests, and waterways.
Despite this, First Nations people continue to suffer from poverty, poor health, and reduced life expectancy.
Nobel laureate economist Joseph Stiglitz previously testified that the amount owed could be as high as CA$126 billion.
With negotiations stalled, the nations will ask Ontario Superior Court Justice Patricia Hennessy to determine their compensation.
Mr King questioned whether negotiations were ever in good faith, given the Crown's power to impose its own decision.
"That's one of the things we'll be arguing when we go back to court before Justice Hennessy," he told APTN News.
"I'm hopeful that she will intervene on our behalf and either declare the quantum of compensation or maybe send us back to the negotiating table."
The next opportunity to return to court will be in June, but Mr King acknowledged the uncertainty of the outcome.
"She may just say the Crown was reasonable. So we're not a hundred percent sure how that's gonna go," he said.
For now, First Nations leaders continue their fight, not only for past losses but to secure a just future.
Michipicoten First Nation chief Patricia Tangie noted their fight tor future generations.
"Just as our ancestors in 1850 sought to secure benefits for their descendants, we today also take our role seriously for our next seven generations," Ms Tangie said, The Guardian reports.
"We are carrying on with this struggle so that our children and grandchildren do not have to suffer like so many of our people have for more than a century and a half."
