Canada's highest court is set to rule this morning in a case involving Crown payments under the Robinson-Huron treaties, which have been frozen for nearly 150 years.

The treaties were signed in 1850, ceding a large portion of land to the Crown in exchange for annual payments to the Anishinaabe of Lakes Huron and Superior.

The treaties included a clause that payments were to increase over time as long as the Crown suffered no losses, but since 1875 they have been frozen at $4 per person.

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An Ontario Superior Court judge ruled that the Crown had breached the treaties and had a mandatory and reviewable obligation to increase payments as the land was developed.

The Ontario Court of Appeal upheld most of the trial judge's findings and held that the Crown had breached its promise to share in resource revenues.

The Crown appealed and the case was heard by the Supreme Court of Canada in December.

The first claims in the case were filed in 2001 and 2014. The Lake Huron group then entered into negotiations with the governments of Ontario and Canada.

Both governments admitted they had long failed to meet their obligations to increase payments over time.

In June 2023, the Robinson Huron Litigation Group reached a $10 billion settlement with the governments of Ontario and Canada over past claims. It has not yet addressed the amount of future payments.

The deal was finalized in February, when the court agreed that Ontario and Canada would each pay $5 billion. The federal government has set aside funds and the deal will take effect regardless of the Supreme Court's decision in the case.

Robinson Superior Group is seeking more than $126 billion in damages.

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