4 Treaty First Nations sued Ottawa over $5 annuity payments

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REGINA – Chief Lynn Akuz says she's taking the step of elders and former local leaders in her community have long been reluctant.

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The chief of the Zagime Anishinabek, a group of several First Nations in southeastern Saskatchewan, has filed a class-action lawsuit against the federal government. The court says Ottawa did not close the deal on annuity payments after signing Treaty 4 nearly 150 years ago.

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Derek Nepinak, chief of the Minegozibe Anishinabe in west-central Manitoba, is also a plaintiff in the lawsuit filed in Federal Court this month. Waywayseecappo First Nation Chief Murray Clersky filed a similar proposed class action against Ottawa in Manitoba Crown Court in January.

“We are doing what our elders have advised us against,” Akuz said in an interview this week.

“What they didn't want was for the spirit and intent of the agreement to be dictated by the decision.

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“I feel it's a very big risk for me, but I'm willing to take that risk.”

The accusations were not proven in court, and the statements of the defenders were not received.

In September 1874, Canada signed Treaty 4 with various Solto, Cree and other First Nations at Fort Qu'Appelle, Sask. This allowed the Crown to use and occupy 195,000 square kilometers of land in present-day southeastern Alberta, southern Saskatchewan, and west-central Manitoba.

In return, the federal government was to set aside land for the stockade and pay $750 a year in powder, shot, and thread. The school was also provided with various tools and supplies.

Every man, woman and child had to pay an annuity of $5 a year.

The lawsuits allege that the federal government breached its obligations by not increasing the annuities in a way that would preserve their value.

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The documents say annuities never increased at the rate of inflation, and First Nations believed they would have the same purchasing power as 150 years ago.

The lawsuits allege that the First Nations did not know that the actual value of the annuities would decrease over time.

“It wasn't a token amount of $5,” Acoose said.

“Why do we agree to this?” Our ancestors knew what we gave up.”

He said during contract negotiations, everyone understood that the annuity would allow members to purchase goods and resources that would help them survive.

“The legal argument we're making is that the spirit and intent of the treaty means that the benefits of the agreement will continue for years to come,” Akuz said.

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“There is a big difference between what is written in the text of the contract and the promises made.

“Back then, a verbal promise was as good as a legal document.”

The lawsuit says the federal government must pay $100 million in fines or whatever amount the court deems appropriate.

They say annuity rates should be raised to reflect their true value.

Canada's Crown-Indigenous Relations and Northern Affairs spokesperson said in an emailed statement that it is aware of the lawsuits and is reviewing them to determine next steps.

Respecting contractual relationships and working together in partnership are key to advancing reconciliation, the statement said.

“Canada recognizes that more needs to be done to renew the treaty relationship and is open to finding ways to advance this important work.

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Other First Nations leaders have made similar demands in the past.

Last summer, the federal and Ontario governments proposed paying $10 billion to First Nations in the Robinson Huron Treaty after its members sued to see their $4 annuity increase over time.

A year ago, members of Condition 1 proposed a class action against annuities that did not grow at the rate of inflation. Ottawa asked the court to dismiss the case. In 2011, the federal government offered the Roseau River First Nation in southern Manitoba an $80 million settlement to resolve a land dispute.

Acoose said his association did not file a lawsuit years ago because management was reluctant to litigate contractual rights.

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“It's a debate that's been going on for generations,” he said.

“We are now entering one of the most difficult economic times we have seen in a long time. We think that we can no longer be the poorest people in our territory.”

He said his community needs the federal government to treat its members fairly. Good education, health care and resources for people to start businesses will help, he added.

People in the community work hard to help make life better for members, Akuz said.

“I'm done putting up with the Crown stalling and avoiding their obligations.

“I don't see the crown willing to do as much honor to the crown as our people.”

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