2026 Treaty Day Payments

Press Release

Annual treaty annuity payment days have started to roll out across the Robinson Huron Treaty territory later this spring, and unfortunately, it is still $4.00.

The Robinson Huron Treaty was entered into on a nation-to-nation basis between the Robinson Huron Treaty Anishinabek and the Crown in right of Great Britain on September 9th, 1850. After Confederation, the Treaty responsibilities of the Crown have devolved unto Crown governments in Canada, including Canada and/or Ontario.

The annuity augmentation promise in the Treaty stipulates that the annuity is a collective entitlement to be paid annually by the Crown to the “Chiefs and their Tribes”. The annuity was supposed to increase if Treaty Territory produced such an amount as to enable the Crown to increase it without incurring a loss.

Prior to the Restoule case, the administrative responsibility for payment of Treaty annuities was assumed by Canada and it made the payment via distribution to individuals. The annuity has remained at its current $4.00 per person level since 1875. The Supreme Court of Canada confirmed in its decision rendered on July 26, 2024, that the failure to augment the annuity for over 150 years is a breach of the Treaty.

As you know, in January 2024, the Robinson Huron Treaty Anishinabek entered into a Settlement Agreement for Past Compensation with Ontario and Canada for $10.0 B, as compensation for past breaches. The Settlement Agreement did not deal with the implementation of the augmentation promise going forward. This still has to be negotiated.

In the meantime, Canada — through Indigenous Services Canada (ISC) — will continue paying $4.00 per year to individuals, without prejudice to the collective treaty rights of the RHT Anishinabek. Treaty day visits by ISC officials to issue treaty annuity payments are coordinated by RHT First Nations and ISC regional offices. In general, this is consistent with Canada’s practice across the country: treaty annuities are provided to individuals who are registered under the Indian Act and are affiliated with a First Nation that has signed a specific historic treaty with the Crown.

The Robinson Huron Treaty Litigation Fund (RHTLF), Canada and Ontario continue their discussions on augmentation of the RHT annuities going forward–– right now focusing on process and data issues. The amount by which the annuity is to be augmented going forward depends on a number of factors, the most significant of which is to determine if the Treaty Territory is producing an amount that will enable the Crown to increase the annuity without incurring a loss, and if so, how much. The Supreme Court also set out other factors including the relative needs of the Anishinaabe as compared to non-Anishinaabe. To engage in informed negotiations requires economic data on the Treaty Territory as well as data on social well-being of Anishinaabe and non-Anishinaabe people with the Territory.

In coming to an agreement on the go-forward, the negotiators have to uphold the original intentions of the parties in 1850, which is to build a relationship of mutual respect that will enable both the Anishinaabe and non-Anishinaabe to prosper in the Treaty Territory. The Anishinaabe leadership in 1850 wanted to build prosperous communities, secure in the collective benefits from the development of lands and resources and settlement within the Robinson Huron Treaty territory. They also wanted to make sure that Anishinaabe people and their families remained strongly connected to their communities and their lands, not just for themselves but for future generations.

There is now an opportunity for the RHT Anishinaabe communities to grow, prosper, and provide a good future for the children and future generations through the application of Treaty benefits to community collective and future generation purposes.

Discussions and work will continue between the RHTLF, Canada and Ontario to foster better understandings and respect of the needs of all parties to develop an equitable agreement that benefits all. It is hoped this can be achieved through negotiation and reconciliation.

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