The Robinson Huron Litigation Fund has started distributing $232 million in returned legal fees to 21 First Nations, following a judge’s order from last October. Justice Fred Myers ruled in favor of Atikmeksheng Anishnawbek and Garden River First Nations, determining that the $510 million charged by law firm Nahwegahbow Corbiere for securing a $10 billion settlement in the Robinson Huron Treaty annuities case was excessive.
Court-Ordered Fee Adjustments
Myers directed the immediate return of $232 million to the First Nations. He also mandated that the remaining $255 million—originally set aside by lawyers for Anishinabek causes, including future litigation—be placed into a trust and treated as settlement funds.
Delays in Distribution
While disbursements have begun, several First Nations hold off on approving their shares. They require band council resolutions (BCRs) to finalize transactions, prompting caution among leaders.
Garden River First Nation Chief Karen Bell anticipates $16.2 million for her community. “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,” Bell stated. “So they only gave us a week. I don’t think that’s sufficient time for independent legal advice.”
As of February 10, her council awaited feedback from lawyers on proceeding with the BCR.
Batchewana First Nation Chief Mark McCoy similarly seeks legal review before signing. “The BCR doesn’t talk about the $255 million,” he noted, referring to the funds still held in trust. Batchewana expects $15.9 million from this round. Though not part of the fee challenge, McCoy described the refund as bittersweet yet valuable, especially after First Nations agreed to a 5% settlement fee. “This bonus can certainly be well used in the nation,” he added.
Process Challenges
Atikmeksheng Anishnabek Chief Craig Nootchtai reported that First Nations completing administrative steps have received funds, but progress varies. “I was expecting it sooner actually,” Nootchtai said. “Even the other fees that are still being held in trust, I was hoping we were going to get one lump sum, but that’s not the case.” He emphasized adapting to the current distribution while pursuing the rest.
Appeal Looms
The law firm has appealed Myers’ decision, leaving the matter open for future court proceedings. First Nations continue navigating the refund process amid these uncertainties.
