Missanabie Cree First Nation suing for increase in annuities payments for Treaty 9 members

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Chief Jason Gauthier and his community are taking the lead on the lawsuit against the federal government, launched on behalf of all 37 First Nations within Treaty 9 territory.

A lawsuit filed on behalf of all Treaty 9 First Nations is seeking $10 billion from the Canadian government to increase the annual payments to members, similar to what’s recently been paid out through the landmark Robinson Huron Treaty annuities case.

Last year, Missanabie Cree First Nation Chief Jason Gauthier filed a lawsuit in Sault Ste. Marie on behalf of all 37 Treaty 9 nations through Calgary-based Maurice Law Barristers & Solicitors for an increase in annuity payments, along with a share of mineral rights and considerations for agricultural concerns. The lawsuit was filed against the federal government through the Attorney General of Canada.

The lawsuit is seeking $10 billion "or such other amount as this Honourable Court deems just."

Treaty 9 was signed in 1905 and 1906 between First Nations, the Canadian government and the provincial government. In 1929 and 1930, adhesions were made to it.

The James Bay Treaty covers 90,000 square miles in Northern Ontario. It includes Timmins, which is situated on the traditional lands of Mattagami First Nation. For Indigenous people, it promised $4 each annually. The annual payment remains the same today.

Under the Robinson Huron Treaty, members also received $4 a year.

After years before the courts and an appeal that went to the Supreme Court, Robinson Huron Treaty members negotiated a $10 billion settlement with the Ontario and Canadian governments. Much of that money has begun to flow to members of the 21 nations within the treaty territory, including Garden River First Nation and Batchewana First Nation.

The intent is to address the government's lack of increases paid to each band member since the treaty was negotiated. Lawyers argued the $4 per year payments for each person should have increased with the cost of inflation, along with other considerations.

In a statement of claim filed for the Treaty 9 lawsuit, Gauthier and the First Nations claim the Crown has failed to increase, index or augment annual payment amounts to members.

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