Author and history professor Barbara Messamore says it's always been assumed that Ontario — not Canada — had to pay the Anishinabek for post-Confederation increases to Robinson treaty annuities and related arrears
The question of which Crown is obligated to pay for increases to annuities under the Robinson treaties was a hot-button issue back in 1875, the last time the annual payments to the Anishinabek of Lake Huron and Lake Superior were increased — to $4 per capita.
The historian and author pointed to an 1881 report from Robert Sinclair, an accountant with the Department of Indian Affairs, which assumed that arrears stemming from the 1875 annuity increase would be the obligation of what was then known as the Province of Canada before Confederation. Ontario, under this assumption, would be responsible for both ongoing Robinson treaty annuities and related arrears.
Ontario’s treasurer at the time, A.M. Ross, objected to the transfer of Robinson treaty annuities arrears. In an 1884 letter to Courtney, Ross argued that Ontario wasn’t responsible for the arrears because the Anishinabek did not make a claim for increases to annual treaty payments at the time the arrears were transferred to Ontario.
The legal proceedings for both court cases have been broken up into three stages due to their sheer complexity.
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