Understanding the Robinson Huron Treaty with Mike Restoule

Mike Restoule, Chair of the Robinson Huron Treaty Litigation Fund, shares why the Anishinabek asserted the need for a treaty in the 1840s, how the Anishinabek First Nations came together to create the present-day Robinson Huron Treaty Litigation Fund, and why our Treaty relationship will continue to be important in the future.

In 1850, Anishinaabeg entered into two treaties with the British Crown: the Robinson Huron Treaty and the Robinson Superior Treaty.  In both Treaties, the Crown promised the Anishinaabeg signatories an annuity payment that would increase as resource revenues within the Treaty territory increased.  The annuity rose from $1.60 to $4 in 1875, where it has stayed ever since, even though billions of dollars have been generated from resource development in the territory since the treaty was signed.         

In 2010, 21 First Nations established the Robinson Huron Treaty Litigation Fund to seek compensation for the Crown’s failure to respect the Treaty augmentation clause. Legal arguments in the annuities case began in 2017. Justice Hennessy ruled in favor of the Anishinaabeg in stages one and two of the trial, asserting that both Canada and Ontario have a mandatory obligation to review the annuity amount and a responsibility in upholding the Treaty.  Stage three of the process would have dealt with the Anishinaabeg claim for compensation.

Instead of returning to court, the Robinson Huron Treaty Anishinaabeg and the Governments of Canada and Ontario negotiated a settlement of $10 billion for past compensation. The settlement agreement was finalized in 2024, and the parties also committed to negotiating the implementation of the augmentation promise going forward. 

Mike Restoule is a citizen of Nipissing First Nation. His Ojibway name is Waashushk – Muskrat, and he is of the Turtle clan.  Mike worked for Ontario Northland Transportation for 31 years, first as a journeyman railway mechanic; he retired in 2001 as manager of labour relations.  He studied political science, law and justice at Laurentian University.  He has served on the Nipissing First Nation Band Council, as well as Director of the Restoration of Jurisdiction Department with the Anishinabek Nation. Mike has been involved with the Robinson Huron Anishinabek efforts for treaty justice since 1992. Mike is currently the Chair of the Robinson Huron Treaty Litigation Fund and one of the representative plaintiffs in the annuities lawsuit.

Learn more about the Robinson Huron Treaty:

Anishinabek Nation: Robinson Huron Treaty
https://www.anishinabek.ca/education-resources/gdoo-sastamoo-kii-mi/robinson-huron-treaty/

Robinson Huron Treaty Litigation Fund
https://www.rht1850.ca/

Robinson Huron Waawiindamaagewin
https://robinson-huron-a2117e.webflow.io/

Supreme Court of Canada
Ontario (Attorney General) v. Restoule
2024-07-26
https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20554/index.do

Robinson Huron Treaty – Surrender by the Ojibewa Indians inhibiting the North Shore of Lake Huron
http://central.bac-lac.gc.ca/.redirect?app=fonandcol&id=3963991&lang=eng

Treaty Text: Ojibewa Indians of Lake Huron
https://www.rcaanc-cirnac.gc.ca/eng/1100100028984/1581293724401

Ontario Treaties Recognition Week
https://www.ontario.ca/page/treaties-recognition-week

This podcast is produced by the Communications Department at the Anishinabek Nation. 

Music: “Brothers” by Wolf Saga and Chippewa Travellers, “Soft Spoken” by Jacob Hoskins, “Time to Move” by Mimi O’Bonsawin and “Just Us” by Wolf Saga and David R. Maracle, licensed by Nagamo Publishing.

Click here to download the transcript.