Court to assess $510M in legal fees related to the Robinson Huron Treaty litigation settlement

A judge has ruled in favor of two northern Ontario First Nations who argued that the $510 million in legal fees tied to the $10 billion Robinson Huron treaty annuities settlement should undergo an assessment.

Justice Jana Steele directed the court to carry out the evaluation of the legal fees.

"We feel gratified by the court's decision in favor of Atikameksheng Anishnawbek and Garden River First Nation," the two First Nations said in a joint statement. "With this decision, we are relieved and feel vindicated. Throughout this legal process, Atikameksheng and Garden River have always asked for transparency and accountability, and today, we feel that justice has been served and will continue to be served."

The case was brought by two of the 21 member nations involved in the Robinson Huron annuities settlement, who argued that the legal fees needed to be reviewed for fairness.

Under the 1850 treaty, 21 First Nations shared land north of Lake Huron in exchange for payments based on the wealth generated by the land. However, the Crown unilaterally capped those payments at $4 per person annually in 1874. The First Nations contested this cap, reaching a $10 billion settlement with Canada and Ontario last year for retroactive annuities, which began distribution to member nations on August 9.

The settlement was facilitated by the Orillia-based law firm Nahwegahbow Corbiere Genoodmagejig. The Robinson Huron Treaty Litigation Fund (RHTLF) agreed to pay $255 million in legal fees and set aside another $255 million for advocacy for First Nations.

Michael Rosenberg, representing Atikameksheng Anishnawbek and Garden River First Nation, previously described the legal fees as "grossly inflated," adding that the 21 First Nations felt pressured to approve them in order to settle with Canada and Ontario.

Judge: First Nations Can Compel Assessment

Peter Wardle, attorney for the Robinson Huron Treaty Litigation Fund committee, argued the court should not interfere with the affairs of sovereign nations. However, Justice Steele determined that Atikameksheng and Garden River First Nation do have the legal right to request an assessment of the fees.

The two First Nations emphasized their commitment to "transparency and accountability in our fight for a reduction in the legal fees," expressing hope that any savings will be returned to the RHTLF and benefit all 21 Robinson Huron Treaty Nations.

Judge Steele will hold a conference on November 6 to outline the next steps in the assessment process.