Cochrane Sinclair LLP, legal counsel for Bearspaw First Nation, is proud to announce its involvement in a groundbreaking class action lawsuit filed against the federal government of Canada. The lawsuit seeks to address the long-standing failure to adjust the $5 annuity payments promised to Treaty 7 Nations since 1877, in alignment with the treaty’s original intent and the inflationary realities of today.
“This is about correcting a historical injustice that has persisted for nearly 150 years,” said Sonny Cochrane, co-managing partner at Cochrane Sinclair LLP.
“The treaty relationship is sacred, yet Canada’s failure to honor the promise of these annuity payments has undermined its integrity. Treaty 7 members have been deprived of the intended benefits of their lands, while Canada has profited immensely from the resources within Treaty 7 territory.”
The lawsuit, filed on November 25, 2024, by Bearspaw First Nation on behalf of all Treaty 7 Nations, highlights the significant devaluation of the $5 annual payment over the past century. Originally designed to support families through the harsh winters of 1877, today’s $5 fails to even cover the cost of a cup of coffee and breakfast sandwich.
“This is not a request for charity or a handout,” said Bearspaw First Nation Chief Darcy Dixon.
“It is about upholding the promises made in Treaty 7, ensuring fairness, and recognizing the immense contributions of First Nations to Canada’s prosperity.”
The lawsuit seeks remedies for Canada’s past and ongoing violations of the solemn promises made under Treaty 7. While the treaty does not explicitly include an augmentation clause for annuities, parallels have been drawn to the Supreme Court of Canada’s decision earlier this year in the Robinson Huron and Robinson Superior treaties, where similar failures were deemed a breach of treaty obligations.
“This legal action builds on the precedent established in the Robinson cases and reinforces the promise made in Treaty 7 that all treaties would be treated equitably,” Cochrane explained.
“It is time for Canada to honor the commitments it made in good faith to the First Nations under this treaty.”
The next steps in the case involve certifying the class action and engaging in discussions with the Crown. Bearspaw First Nation will represent all Treaty 7 Nations and members, with individual nations having the autonomy to opt-in or opt-out of the lawsuit.
The implications of this case extend far beyond the $5 payment.
“This is about acknowledging the invaluable contributions of Treaty 7 lands to Canada’s wealth and ensuring future generations benefit from the promises made to their ancestors," said Cochrane.
Cochrane Sinclair LLP remains committed to advocating for justice and reconciliation, ensuring the voices of Treaty 7 Nations are heard and their rights upheld.
Media Contact
Tiffany Sjoblom
Administrative Coordinator / Paralegal
Cochrane Sinclair LLP
tsjoblom@cochranesinclair.ca
(204) 479-7725