Federal judge says Canada's delays on treaty land deal 'simply not acceptable'

Blackhawk expressed deep frustration with the delays, which she said undermine reconciliation. "It is disheartening to see that three decades after the successful negotiation of a modern agreement aimed at settling outstanding Treaty obligations, the relationship between the parties continues to be marred by distrust and now represent[s] more broken promises," she wrote. The judge said Ottawa has used "vague references" to its duty to consult other Indigenous groups as a reason for delay. She stated that duty does not remove Canada's obligation to fulfill the 1997 deal, adding that hiding behind it indefinitely is not reconciliation.

The ruling was part of a lawsuit filed in 2022 by the Treaty Land Entitlement Committee of Manitoba. Committee president Nelson Genaille said the group plans to appeal the decision. He argued Canada must finally meet its obligations. "Basically, they want to keep us in the teepees, when the treaties were signed," Genaille said Friday. "We know how to do business. We want to be part of the economy, and in order for us to be part of the economy, we need the land that's been obligated to us ... so we could start those businesses."

While critical of Canada's conduct, Blackhawk's ruling had mixed outcomes. She rejected the federal argument that the committee must first go through the agreement's internal dispute process before seeking court relief. However, she agreed with Ottawa that the land entitlements under the 1997 deal are prospective, not retroactive to the original treaty signings. She also found the specific amounts of land owed were negotiated compromises, not a direct reflection of the original treaty entitlements.

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The legal conflict has deep roots. The committee first raised concerns through the agreement's dispute process in 2016, arguing Canada's consultation with the Métis was inadequate. An independent arbitrator ruled in 2018 that Canada had materially breached the agreement by not using "best efforts" and by making unilateral changes. When those breaches were not fixed, a 2021 Federal Court ruling freed the First Nations from clauses that had barred them from suing over insufficient land.

Efforts to settle the matter out of court have so far failed. Negotiators reached a proposed settlement in 2023 that included a $3.5-billion compensation package and amendments to the 1997 agreement, but it later "evaporated." In a June 2026 letter to Crown-Indigenous Relations Minister Rebecca Alty, Genaille said the deal was meant to avoid lengthy litigation. The previous minister, Gary Anandasangaree, announced a $210-million advance payment to the nations in 2025. A federal spokesperson, Pascal Laplante, said the government respects the court's decision and is reviewing it but will not comment further while the case is before the courts.

With files from CBC News