Question Period Note: Garden River First Nation – 1850 Treaty Promise Litigation

Resolving Canada’s historical grievances with Indigenous peoples is a crucial part of reconciliation.

· Canada’s preferred approach to resolve historical grievance is through negotiated settlements, for example under the Specific Claims program. However we respect Garden River First Nation’s choice of a forum to address the alleged breach of Treaty.

· Canada remains committed to addressing the harms of the past to build a stronger future for Indigenous Peoples and other Canadians alike.

On May 9, 2023, Garden River First Nation announced that Chief Andy Rickard is starting a lawsuit on behalf of Garden River First Nation. This lawsuit concerns an alleged disparity between the acreage of the Garden River reservation and what was promised under the 1850 Robinson Huron Treaty. Per the First Nation:

Garden River First Nation were promised a reservation that stretched “from Maskinongé Bay, inclusive, to Partridge Point, above Garden River on the front, and inland ten miles, throughout the whole distance; and also, Squirrel Island.” Over 150 years later, despite the express wording of the 1850 Robinson-Huron Treaty, the Garden River reservation is thousands of acres smaller than what was promised.

The Garden River reservation was negotiated by Chief Shingwaukonse, a widely respected veteran of the War of 1812 and longtime ally of the British. Prior to the treaty Shingwauk halted production at a mine in Mica Bay. The treaty lasted just 4 years after Shingwauk’s death before being renegotiated in the midst of a famine.

This grievance has not been filed as a specific claim and is not the subject of discussions elsewhere in the Department. To our knowledge, the litigation has not been served on Canada.

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