Canada Owes First Nations Billions after Making ‘Mockery’ of Treaty Deal, Top Court Rules

An “egregious” refusal by successive Canadian governments to honor a key treaty signed with Indigenous nations made a “mockery” of the deal and deprived generations of fair compensation for their resources, Canada’s top court has ruled.

But while the closely watched decision will likely yield billions in payouts, First Nation chiefs say the ruling adds yet another hurdle in the multi-decade battle for justice.

In a scathing and unanimous decision released on Friday, Canada’s supreme court sharply criticized both the federal and Ontario governments for their “dishonourable” conduct around a 174-year-old agreement, which left First Nations people to struggle in poverty while surrounding communities, industry and government exploited the abundant natural resources in order to enrich themselves.

“For almost a century and a half, the Anishinaabe have been left with an empty shell of a treaty promise,” the court wrote in the landmark ruling.

The stark language reflects the enduring legacy of the colonial project first envisioned by the British government and continued after Canada gained independence and offers yet another example of major cases tilting towards Indigenous peoples. The court decision to highlight “egregious” ways in which governments have treated their agreements with nations could have far-reaching consequences, both for the affected communities and the country.