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ARTICLE · 13 FEBRUARY 2025

A "Return To The Council Fire": Case Comment On Ontario (Attorney General) v. Restoule, 2024 SCC 27

McKercher LLP
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On July 26, 2024, the SCC released its decision in Ontario (Attorney General) v Restoule ("Restoule"). The Court unanimously found that Canada and Ontario...

CanadaLitigation, Mediation & Arbitration
Nikita B. Rathwell
Nikita B. Rathwell
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On July 26, 2024, the SCC released its decision in Ontario (Attorney General) v Restoule ("Restoule"). The Court unanimously found that Canada and Ontario breached their treaty obligations to the First Nation signatories of the Robinson Huron and Robinson Superior Treaties (the "Robinson Treaties") by failing to increase the annual payments provided for in the Robinson Treaties. The Court also made a declaration requiring Canada and Ontario to enter into negotiations with the Robinson Superior Nations.

The decision in Restoule provides commentary on the importance and scope of the concept of the honour of the Crown and clarifies the standard of review for the interpretation of historic treaties to be correctness rather than reasonableness. The case is also significant for its use of declaratory relief compelling the Crown to negotiate with a First Nation.

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