Treaty 4 Annuity Class Actions
Overview
Acting on behalf of Chief Derek Nepinak of Minegoziibe Anishinabe First Nation, Chief Bonny Lynn Acoose of Zagime Anishinabek First Nation, and Chief Murray Clearsky of Waywayseecappo First Nation, McCarthy Tétrault LLP, Boudreau Law and Jason Zushman Law Corporation, have commenced two class actions against the federal government for failing to maintain the value of annuity payments under Treaty 4.
Executed in September 1874 by the Crown and various Saulteaux, Cree, and other First Nations, Treaty 4 represents solemn and sacred promises between Canada and First Nations.
The Treaty 4 First Nations upheld their end of the bargain: they allowed the Crown the use of approximately 195,000 square kilometres of land spanning southeast Alberta, through southern Saskatchewan and west-central Manitoba. The Crown, however, did not reciprocate.
The terms of Treaty 4 provided for annuity payments to be made in perpetuity by the Crown to the members of the signatory First Nations and their descendants. This annuity payment was initially set at five dollars per person, which, in 1874, commanded significant purchasing power. However, despite the parties’ shared understanding that annuity payments would have real value, the Crown has failed to increase payment of the annuities to reflect the effect of inflation over the last 150 years.
Among other relief, the two class actions seek an order requiring Canada to compensate beneficiaries of Treaty 4 for unpaid or underpaid annuity payments, and a declaration that Treaty 4 contains an augmentation or indexation provision requiring Canada to continually adjust annuity payments for losses in purchasing power. In this manner, the claims are intended to both address the wrongs of the past and safeguard the future.
The proposed classes comprise all persons and estates of persons entitled to receive annuity payments from Canada under Treaty 4.
Chief Derek Nepinak, Chief Bonny Lynn Acoose, and Chief Murray Clearsky are committed to representing the rights and interests of all Treaty 4 beneficiaries entitled to annuity payments from the Crown. They call on other leaders of Treaty 4 nations to join them in advancing their claims.
Case Updates
On January 26, 2024, Chief Murray Clearsky’s claim in this matter was filed and issued by the Court of King’s Bench of Manitoba. See the Statement of Claim, here.
On February 2, 2024, Chief Derek Nepinak and Chief Bonny Lynn Acoose’s claim in this matter was filed and issued by the Federal Court of Canada. See the Statement of Claim, here.
On May 31, 2024, Canada filed its Statement of Defence, see here.
On June 10, 2024, Chief Derek Nepinak and Chief Bonny Lynn Acoose’s filed their Reply to the Statement of Defence, see here.
The certification hearing has been scheduled for February 13-14, 2025 in Winnipeg.
In the News
CBC News: Sask. chief files class-action lawsuit over $5 annuity payments signed 150 years ago | CBC News
CTV News: Treaty 4 First Nations suing Ottawa over $5 annuity payments | CTV News
The Winnipeg Free Press: First Nation files legal claim over 150-year-old Treaty 4 – Winnipeg Free Press
APTN News: Treaty 4 First Nations suing Ottawa over $5 annuity payments (aptnnews.ca)
Frequently Asked Questions
What is a class action?
A class action is a lawsuit that allows a large group of people with common issues to come together to advance a claim. By joining together, class actions provide a more efficient way to advance legal claims.
What is certification?
The court must first assess whether the claim should be advanced in the form of a class action. The court will consider whether the claim shows an appropriate cause of action, an identifiable class of persons, and issues that are shared in common. The court will also determine whether a class action is a preferable procedure, and whether there is an appropriate representative plaintiff. If the class action is certified by the court, the representative plaintiff or plaintiffs will advance the case on behalf of all class members.
Am I a class member?
The answer will depend on whether a class action is certified, and if so, on what terms. In both class actions, Chief Derek Nepinak, Chief Bonny Lynn Acoose, and Chief Murray Clearsky will ask the court to include in the class all persons and estates of persons who are or were entitled to receive annuity payments from Canada under Treaty 4 and had not died more than two years prior to the commencement of the class actions.
If you meet the court-ordered definition of the class, you will be automatically included in the class unless you take the necessary steps to remove yourself.
Do I have to pay to be part of the class action?
No. This class action will proceed on a contingency fee basis. This means that the lawyers bringing the action will only be paid if the class action succeeds. If successful, the lawyers will be paid a portion of the settlement or judgment, but only with court approval.
Contact
For media inquiries, please contact:
Michael Rosenberg
Partner, McCarthy Tétrault LLP
mrosenberg@mccarthy.ca
416.601.7831
For class member inquiries, please contact:
Alana Robert
Associate, McCarthy Tétrault LLP
alrobert@mccarthy.ca
416.601.8022