The Robinson Huron Treaty Litigation Fund (RHTLF) has filed a court application in response to two chiefs who are opposing compensation funds being set aside for the lawyers who helped them secure a historic $10-billion settlement.
On June 10, chiefs Craig Nootchtai (Atikameksheng Anishnawbek) and Karen Bell (Garden River First Nation) announced they are pursuing a judicial review over the $510 million that was earmarked for the legal team in this case, arguing that such an amount is not "fair or reasonable.”
"Money spent to pay legal fees is money that cannot be distributed to beneficiaries of the Robinson-Huron Treaty," an Atikameksheng Anishnawbek official stated in a corresponding news release.
According to a Monday news release from the RHTLF, this action from Nootchtai and Bell has "created uncertainty" with regards to the distribution of settlement funds.
More specifically, RHTLF officials point to a letter Nootchtai reportedly submitted to trustees on May 13, where he accuses trustees of wasting "trust assets" by earmarking over half-a-billion dollars for its lawyers.
However, the RHTLF argued in Monday's release that compensation funds should not be defined as "trust assets," since that means the court would "have to review and approve all accounts."
The RHTLF also disclosed that their trust indenture, a document signed in 2010 to kick start the settlement process, specifically states that compensation proceeds are not trust assets.
"A ruling that the compensation proceeds are not trust assets would pave the way for the RHTLF to transfer funds to the 21 communities in order for the communities to proceed with their per capita payments," Monday's RHTLF release reads.
"Our lawyer has asked the court to expedite the hearing of the trust asset issue so that the August 9th distribution date will not be delayed."
Nootchtai previously stated that his and Bell's judicial review "in no way will delay the distribution of funds to our members that is currently scheduled for August 2024.”
“The legal fees are a separate issue,” he said on June 10.
Additionally, Atikameksheng Anishnawbek officials argued in a July 16 news release that the RHTLF's application is "not necessary" since they and Garden River "are not contesting the definition of trust assets."
"Our legal counsel has advised us that the clarification on the definition of trust assets is not required to have the legal fees assessed," the July 16 statement reads.
This case is being heard in Toronto's Ontario Superior Court of Justice on July 30 starting at 10 a.m.
Anyone who can’t attend the hearing in person can watch the proceedings via video conference.
RHTLF officials previously stated they will post a video conference link to the hearing on their website and Facebook page.
Under the original Robinson Huron Treaty of 1850, the Crown promised to fairly compensate 21 First Nations living on or near the shores of Lake Huron for use of their land, which included the extraction of valuable resources such as nickel, copper, uranium, timber and fish.
However, by the 2010s, annuity rates had remained the same for around 150 years, prompting the RHTLF to pursue proper compensation throughout the court system.
When the parties finalized the $10-billion agreement in January, RHTLF trustees then approved the $510 million legal invoice during an April 22 meeting.
Several members opposed the motion, including Nootchtai who introduced a resolution to permit the RHTLF to obtain independent legal advice on the “fairness and reasonableness” of the proposed fees.
However, the RHTLF's beneficiary counsel objected, allegedly telling trustees that such a resolution would delay the distribution of settlement funds.
The “beneficiary counsel” who are receiving this $510 million payment include representatives of Nahwegahbow Corbiere Genoodmagejig Barristers and Solicitors, a firm based in the community of Rama (located just outside Orillia) that specializes in Aboriginal rights law.
Court documents also name representatives of Semaganis Worme Legal and Mark L. Stevenson and Associates, Indigenous-focused law firms based out of Saskatoon, Sask. and Saanichton, B.C., respectively.
While the beneficiary counsel believe they are entitled to the full $510 million, they claim that half that amount ($255 million) will be set aside for “Anishinaabek purposes."
Sault Star / Local Journalism Initiative