Whitesand First Nation

Robinson-Superior Treaty of 1850 Annuity Augmentation Claim

In 2001, Whitesand First Nation along with Red Rock Indian Band launched a claim alleging that Canada and Ontario breached the Robinson Superior Treaty – specifically, the annuity augmentation clause -- as well as the honour of the Crown and their fiduciary duties.

At issue was the language in the Robinson Superior Treaty of 1850 itself, under which the Anishinaabe of Lake Superior ceded their lands to the Crown in exchange for a yearly annuity payment forever. The Treaty included an augmentation clause, which stated that the annuity can be increased if resource revenues from the territory allowed for it – so long as the payments didn't come at a loss.

The Supreme Court of Canada, the highest court in Canada, said that if the governments can increase the annuity without loss, they must diligently, honourably, liberally and justly decide whether they could and how much to increase it by. The Court also found that the government's breach left the Anishinaabe of Lake Superior with an “empty shell” of a promise. The Supreme Court of Canada further described the Crown as being “patently unreliable”, having lost moral authority, and making a “mockery” of its treaty commitment.

On January 27, 2025, Canada and Ontario determined they would pay a total amount of $3.6 billion to compensate for historical breaches of their Treaty obligations. Whitesand was allocated $333,600,000.  Of this:

• $266,786,221.54 was distributed to the members equally,
• $77,921,710.80 of the $266M was set aside for minors.
• The remaining funds were split between approximately Counsel fees and community development.

In June 2025, Whitesand and other First Nations returned to the Ontario Superior Court again to challenge the adequacy of the $3.6 billion, arguing it was insufficient and far below the amounts canvassed in the Supreme Court's decision – amounts the Supreme Court acknowledged could cause “sticker shock” but was the direct result of the Crown's own dishonourable neglect of its sacred treaty promises.

The matter of whether the annuity can and should now exceed $4 a year was a part of the same court hearings in June, and a decision is pending. Should the Court agree with us and order further payments, it is expected that Ontario and Canada will appeal.