Chief and council issued a media release after community member took the First Nation to Federal Court
Garden River First Nation contends it has considered all feedback from its members on the distribution and handling of the Robinson Huron Treaty settlement for past compensation.
That message comes in response to a Federal Court action launched last month by community member Rene Belleau.
He’s seeking an order directing chief and council to “comply with its common law obligations to create a fulsome, fair, transparent and meaningful process” where band members decide how the community’s portion of the settlement is used.
“Chief and council understand that not all members agreed with the outcome of the decision. We respected the right to have members voice their opinions and views,” Garden River said in a prepared statement issued to media over the weekend.
“What is important to remember is that chief and council must act for the collective best interest of the nation. This is their fiduciary responsibility which is guided by principles of fairness, accountability, and sustainability.”
Garden River’s share of the Robinson Huron Treaty annuities settlement for past compensation was approximately $610 million, with up to $50 million in additional funds anticipated after the Robinson Huron Treaty Litigation Fund scaled back a ‘war chest fund’ that had been set aside for future legal costs.
A per capita distribution in October of last year saw members receive $110,000 each, with a second payment of $10,000 for each member announced back in June.
The First Nation also earmarked $200 million of the settlement to establish what’s known as a Legacy Trust, which is intended to be used for the collective needs of the community.
Garden River maintains those decisions were informed by “countless” information sessions and meetings in order to engage with members and collect feedback from them.
“Chief and council are confident that the decisions made were rooted in authorities they collectively hold as leadership,” the statement said.
“Inclusivity and accountability were key factors behind the decisions along with a sense for strong commitment to long-term prosperity.”
Belleau launched the Federal Court action on behalf of all community members after staging a series of protests in the community demanding that chief and council distribute all of the settlement to its membership, who are beneficiaries under the 1850 Robinson Huron Treaty.
“It’s our money,” Belleau told SooToday last week, after serving the Federal Court documents at the band office.
“I feel as a beneficiary that we should have had a say from the beginning, and it should have been distributed to the people.”
Belleau is being represented by Band Members Alliance and Advocacy Association of Canada, a federally registered non-profit organization with a mandate to help band members get access to justice.
BMAAC president and founder Rob Louie — who appeared in Garden River last week at community meetings spearheaded by Belleau after launching the Federal Court action — has been unauthorized to practise law in British Columbia since 2017.
The Law Society alleged that Louie — who has a law degree, but is not a lawyer — falsely represented himself as a lawyer to two individuals and offered legal services to them for a fee.
Chief and council say they are “prepared to fully cooperate with the legal process, and are confident that the decisions and actions will be validated,” according to the release.
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