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Restoule v Canada
Restoule v Canada is a legal case in the Ontario Superior Court of Justice that considers whether the Augmentation clause in the 1850 Robinson Treaties entitles the Anishinaabe to an increase in annuity payments.
Justice Patricia Hennessy presided over the case, which featured the Anishinaabe First Nation as plaintiffs and the Attorneys General of Ontario and of Canada as defendants. The case concerns the two Robinson treaties, the Robinson Huron Treaty and the Robinson Superior treaty, focusing specifically on whether the Augmentation Clause within the treaties proscribes a cap on the annuities payable to the First Nation.
The Anishinaabe argued there should be an increase to the annuity, while the Attorneys General of Canada and Ontario argued that there should be a cap on the annuity.
On December 21, 2018, Justice Patricia Hennessy declared that the Crown had a duty to increase the annuities in the Robinson treaties. She determined that the Robinson treaties provide for an increase in the collective annuities and only caps the payment to individuals at $4.
The case has been viewed as a step towards reconciliation.
In 1850, 24 first nations entered into two treaties with Mr. William Robinson. Robinson was appointed by the Crown to negotiate a surrender of First Nations' territorial land on the north shore of Lake Superior and the north shore of Lake Huron. Two historic treaties signed in 1850, the Robinson Huron Treaty and the Robinson Superior treaty, form the basis for the decision.
The Robinson Treaties provided an immediate payment of £4,000 to the “Chiefs and their Tribes” in compensation for the surrendered territory of the Anishinaabe and then annuity payments of £600 for the Huron Anishinaabe and £500 for the Superior Anishinaabe. Based on the population at the time, this was $1.70 and $1.60 per capita, respectively. Each Treaty also included a unique Augmentation Clause, differing only in amount of payment.
that for and in consideration of the sum of two thousand pounds of good and lawful money of Upper Canada to them in hand; and for the further perpetual annuity of five hundred pounds, the same to be paid and delivered to the said Chiefs and their Tribes ... The said William Benjamin Robinson, on behalf of Her Majesty, who desires to deal liberally and justly with all Her subjects, further promises and agrees that in case the territory hereby ceded by the parties of the second part shall at any future period produce an amount which will enable the Government of this Province, without incurring loss, to increase the annuity hereby secured to them, then and in that case the same shall be augmented from time to time, provided that the amount paid to each individual shall not exceed the sum of one pound Provincial currency in any one year, or such further sum as Her Majesty may be graciously pleased to order (the “Augmentation Clause”)
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Restoule v Canada
Restoule v Canada is a legal case in the Ontario Superior Court of Justice that considers whether the Augmentation clause in the 1850 Robinson Treaties entitles the Anishinaabe to an increase in annuity payments.
Justice Patricia Hennessy presided over the case, which featured the Anishinaabe First Nation as plaintiffs and the Attorneys General of Ontario and of Canada as defendants. The case concerns the two Robinson treaties, the Robinson Huron Treaty and the Robinson Superior treaty, focusing specifically on whether the Augmentation Clause within the treaties proscribes a cap on the annuities payable to the First Nation.
The Anishinaabe argued there should be an increase to the annuity, while the Attorneys General of Canada and Ontario argued that there should be a cap on the annuity.
On December 21, 2018, Justice Patricia Hennessy declared that the Crown had a duty to increase the annuities in the Robinson treaties. She determined that the Robinson treaties provide for an increase in the collective annuities and only caps the payment to individuals at $4.
The case has been viewed as a step towards reconciliation.
In 1850, 24 first nations entered into two treaties with Mr. William Robinson. Robinson was appointed by the Crown to negotiate a surrender of First Nations' territorial land on the north shore of Lake Superior and the north shore of Lake Huron. Two historic treaties signed in 1850, the Robinson Huron Treaty and the Robinson Superior treaty, form the basis for the decision.
The Robinson Treaties provided an immediate payment of £4,000 to the “Chiefs and their Tribes” in compensation for the surrendered territory of the Anishinaabe and then annuity payments of £600 for the Huron Anishinaabe and £500 for the Superior Anishinaabe. Based on the population at the time, this was $1.70 and $1.60 per capita, respectively. Each Treaty also included a unique Augmentation Clause, differing only in amount of payment.
that for and in consideration of the sum of two thousand pounds of good and lawful money of Upper Canada to them in hand; and for the further perpetual annuity of five hundred pounds, the same to be paid and delivered to the said Chiefs and their Tribes ... The said William Benjamin Robinson, on behalf of Her Majesty, who desires to deal liberally and justly with all Her subjects, further promises and agrees that in case the territory hereby ceded by the parties of the second part shall at any future period produce an amount which will enable the Government of this Province, without incurring loss, to increase the annuity hereby secured to them, then and in that case the same shall be augmented from time to time, provided that the amount paid to each individual shall not exceed the sum of one pound Provincial currency in any one year, or such further sum as Her Majesty may be graciously pleased to order (the “Augmentation Clause”)