Alberta First Nation Files $1 Billion Lawsuit Over Treaty Payments
Bearspaw First Nation Seeks Inflation Adjustments for 1877 Treaty 7 Annuities
The Bearspaw First Nation in southern Alberta has launched a $1 billion class-action lawsuit against the federal government, arguing that the $5 annual treaty payments promised in 1877 should have been adjusted for inflation. Filed in Calgary on Tuesday, the lawsuit calls on other Treaty 7 nations—Chiniki, Siksika, Kainai, Piikani, Tsuut’ina, and Goodstoney—to join the case, marking a pivotal moment in Indigenous legal battles over historic agreements.
The Push for Accountability
“We either do it today or we wait another 100 years,” said Bearspaw Chief Darcy Dixon, who serves as the lawsuit’s representative plaintiff. “We as First Nations kept our end of the deal. You can see across this great country—it’s flourished.”
The $5 annual payment, which held significant purchasing power in 1877, has not increased in over a century. According to Bearspaw’s lawyer, Sonny Cochrane, the failure to adjust for inflation undermines the Crown’s obligations. “Back in 1877, $5 was enough for a family to survive the winter. Today, $5 can’t even buy a Tim Hortons coffee and breakfast sandwich,” Cochrane said, calling the situation an “injustice.”
Legal Precedents Spark New Hope
This lawsuit follows recent successes in similar cases. In 2023, the Robinson-Huron treaty case resulted in a $10 billion out-of-court settlement after over a decade of litigation. Additionally, the Supreme Court of Canada (SCC) ruled in July that the federal government had “mocked” its obligations under the Robinson-Superior treaty by failing to adjust payments.
The SCC ruling gave the Crown six months to negotiate a settlement with Robinson-Superior plaintiffs, setting a significant legal precedent for Indigenous communities nationwide. With lawsuits now filed for Treaties 2, 4, 5, 7, and 9, pressure on the federal government continues to grow.
Treaty Obligations Ignored
Legal experts, such as University of Calgary law professor Kathleen Mahoney, argue that the Crown has systematically neglected its treaty commitments. “The First Nation members have been consistently abused by the federal government since 1877,” Mahoney said.
Under Treaty 7, Indigenous nations exchanged 130,000 square kilometers of land for promises of protection and financial support. The Bearspaw lawsuit contends that these commitments were meant to provide for future generations as long as “the sun shines and the river flows.”
“There’s no way the Treaty 7 chiefs agreed to $5 forever,” Cochrane asserted. “The purchasing power of $5 in 1877 to now is an empty shell of a promise.”
A Mounting Debt for the Crown
Treaty 7 nations were promised annual payments of $5 per person, $25 for chiefs, and $2,000 for communities. The lawsuit argues that these amounts should have been adjusted to reflect modern economic realities, maintaining their original purchasing power.
With similar lawsuits emerging across the country, experts warn that the Crown faces an enormous financial reckoning. “The debt has ballooned due to the Crown’s negligence,” Mahoney explained. “But they owe it. It’s as simple as that. They promised.”
As this case unfolds, it signals a critical step in addressing long-standing treaty injustices and reaffirming Canada’s obligations to Indigenous peoples.
Source : Swifteradio.com
