Batchewana First Nation – Community Update: Legal Opinion

Press Release

Chief and Council of Batchewana First Nation would like to provide a further update following our February 26, 2026 communication regarding the return of legal fees from the Robinson Huron Treaty Litigation Fund (RHTLF).

Since that time, Batchewana First Nation has received an independent legal opinion from Borden Ladner Gervais (BLG) to better understand the implications of the documents required to access these funds.

The legal opinion confirms that the court-ordered return of legal fees should be treated in the same manner as previous settlement distributions and flow through the existing Compensation Disbursement Agreement (CDA). It also confirms that Batchewana First Nation is entitled to its share of these funds.

Importantly, the opinion advises that there is no legal requirement for the Nation to sign the Acknowledgement and Limited Release or pass the proposed Band Council Resolution in order to receive payment.

Chief and Council were also advised that the Release is overbroad in scope. It would require Batchewana First Nation to confirm that the RHTLF has been properly administered since its inception and to waive certain rights to review or challenge the management of the trust, including the ability to request a full financial accounting referred to as a “passing of accounts”.

While signing the Release would not impact Batchewana First Nation’s inherent rights or sovereignty, it would limit the Nation’s ability to hold the trust accountable moving forward.

Batchewana First Nation is requesting additional financial disclosure and will determine an acceptable form of Acknowledgment that can be provided to confirm receipt of its share of the funds.

The opinion also confirms that alternative legal avenues remain available to access the funds if they are not released through the current process, the cost of which would be borne by Batchewana First Nation (approx. $20,000 to $50,000), if required.

Following careful review, a quorum of Chief and Council approved moving forward with formal correspondence to the RHTLF. This letter outlines our Nation’s concerns with the proposed Release, particularly where it may prejudice the rights and interests of Batchewana First Nation members now and in the future.

Finally, Batchewana First Nation has formally requested that the RHTLF release the funds owed to our Nation, as ordered by the court, without delay. A response has been requested by March 23, 2026.

At this time, Batchewana First Nation has still not received the returned legal fees. Chief and Council continue to carefully consider next steps, with a focus on protecting our Nation’s interests while working toward distribution of these funds to members.

We understand the importance of this matter to our community and remain committed to transparency throughout this process. Further updates will be shared as decisions are made and more information becomes available.

Miigwetch for your continued patience and understanding.

Batchewana First Nation Chief and Council

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