Restoule v Canada

on August 28, 2019

Treaties must be interpreted and applied in their modern context

The Robinson treaties signed between the Anishinaabe of the upper Great lakes and the Crown possessed clauses promising an increase of annual payments. Since 1857 however, the Crown has not increased payments above $4 per person. The Ontario Superior Court of Justice ruled that the Anishinaabe have a constitutional right to share in Crown revenues generated on their territory. The court has yet to identify an appropriate increase in annual payments but noted that the honour of the Crown requires that, at a minimum, the increase reflects inflation. Although this decision was made in Ontario, it highlights a growing trend in Canadian courts to interpret treaty rights in a modern context.

Brent NolanRestoule v Canada