Treaty 9 Annuity and Disparity Class Action

This website provides information on the Treaty 9 Disparity Class Action commenced by Maurice Law Barristers and Solicitors and on behalf of Missanabie Cree First Nation and Chief Jason Gauthier. The Class Action seeks damages arising from the Crown’s breaches of the James Bay Treaty #9 in relation to the following:

• The failure to augment, index or increase the annual payment of $4 made to each and every member of Treaty 9 First Nations in perpetuity which means for all time;
• The failure to provide agricultural benefits and assistance to the Treaty 9 First Nations to facilitate a transition to an agrarian-based economy; and
• The failure to protect the mineral rights of the Treaty 9 First Nations.

The original Statement of Claim was filed on May 8, 2023 in the Ontario Superior Court of Justice and a Fresh as Amended Statement of Claim was filed on July 29, 2024. Among other relief, the Claim seeks damages of approximately $10 billion.

Because this is a class action, the Claim is brought not only on behalf of the Plaintiffs but also on behalf of all class members unless they opt out. The class is defined as “all First Nations that signed Treaty 9 or are otherwise entitled to the benefits of Treaty 9 through formal or de facto adhesion to the Treaty.” There is also a subclass defined as “all individual status Indians who are alive and members of the First Nations class.” If the Court orders the Crown to pay damages, all members of the class and subclass will be entitled to receive a share of the total award subject to certain conditions.

Treaty 9, signed in 1905 and 1906, covers approximately two-thirds of Ontario, including the James Bay and Hudson Bay watersheds. Since the signing of Treaty 9, the Crown has never increased the annuity payments despite inflation and the erosion of purchasing power over the subsequent decades. When the First Nations entered into treaty, it was implicit that in exchange for surrendering vast tracts of territory, the Crown would share the wealth reaped from those lands. The Crown broke its promise and Treaty 9 First Nations and their members have been short-changed for over a century.

The time is ripe for bringing this Claim in light of the Supreme Court of Canada’s recent decision in Ontario v Restoule, 2024, SCC 27. In that case, the Supreme Court of Canada interpreted the promise in the Robinson Treaties as requiring the Crown to increase the annuity payment from time to time. Restoule has paved the way for claims for compensation under the other treaties, including Treaty 9.

The class includes thirty-seven (37) First Nations, listed below:

The subclass consists of all members of the above listed Nations. Missanabie Cree First Nation and its Chief, Jason Gauthier, are committed to representing the interests of all Treaty 9 First Nations and their members in advancing the Treaty 9 Disparity  Class Action.

For further information, please contact:

Ryan Lake / Anjalika Rogers
Maurice Law Barristers and Solicitors
Lawyers for the Plaintiffs
treaty9classaction@mauricelaw.com
Tel: 403-266-1201