Some First Nations cautious about getting back legal fees from the Robinson Huron Treaty annuities case
CBC
The Robinson Huron Litigation Fund has begun the return of legal fees to 21 First Nations as ordered by a judge last October.
Justice Fred Myers sided with the Atikmeksheng Anishnawbek and Garden River First Nations that the legal fees charged to reach a settlement in the Robinson Huron Treaty (RHT) Annuities case were unreasonably high.
The law firm Nahwegahbow Corbiere charged the First Nations $510 million for the $10-billion dollar settlement.
In his decision, Myers ordered $232 million to be returned to the First Nations, and the $255 million that the lawyers were paid, which they set aside for Anishinabek causes including future litigation, be put in a trust and considered settlement funds.
The disbursement of the initial $232 million has begun but not all First Nations are ready to sign off on their portion.
Garden River First Nation Chief Karen Bell said she is expecting around $16.2 million for her community, but to receive the money, she said the RHT Litigation Fund Committee is asking First Nations to sign a band council resolution to record the transaction.
Bell said she knows of other First Nations who have signed and received their money but she wants her lawyers to take a look at the form, worried about potential legal implications.
“They sent this to us on the 28th day of January and they expected us to have legal advice solidified at least by February the 6th in order for this money to get released,” she said. “So they only gave us a week. I don't think that's sufficient time for independent legal advice.”
In fact, Bell said that council has not heard back from their lawyers to date on Feb. 10 on whether to proceed.
Another holdout is Batchewana First Nation where Chief Mark McCoy is also seeking a legal opinion before signing the release form.
“The BCR (band council resolution) doesn’t talk about the $ 255 million,” he said, referring to the remaining portion of legal fees that are still in trust.
While Batchewana was not part of the challenge to have the legal fees returned, McCoy said getting some money back is somewhat bittersweet.
He said he understands First Nations agreed in principle to pay five per cent of the settlement to the lawyers, but he also said it was a lot to pay and was relieved by the judge’s decision and the bonus can certainly be well used in the nation.
This round of the returned legal fees for Batchewana is expected to be $15.9 million, he said.
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