Restoule v. Canada: A landmark case for Indigenous rights

with Tenille Brown

24 Oct 2023 | Social Inclusion

The Robinson Treaties, signed in 1850, promised ongoing financial support and protection of hunting rights to the Anishinaabe Nation of Northern Ontario in exchange for land cessions. However, the annuity payments have not been increased in 150 years despite the augmentation clause. In this episode, Tenille Brown explores how the recent Ontario case of Restoule v. Canada seeks to uphold these treaty rights.

Episode based on the article

Anishinaabe Law at the Margins: Treaty Law in Northern Ontario, Canada, as Colonial Expansion
By Tenille E. Brown
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Podcast Version

About the Speaker

Tenille E. Brown is an assistant professor of law in the Bora Laskin Faculty of Law at Lakehead University, which is located on the traditional lands of Fort William First Nation, Signatory to the Robinson Superior Treaty of 1850. Her research examines the intersection between land, property, and geography, with a focus on spatial theory. Professor Brown is a barrister and solicitor at the Bar of Ontario, Canada, and holds an LLM from the University of Ottawa in the field of Aboriginal law and the then-draft Declaration on the Rights of Indigenous Peoples. Professor Brown recently co-edited the leading Canadian property law case book, A Property Law Reader: Cases, Questions, and Commentary (5th ed., Thomson Reuters, 2022) and has recently published “Locating the Woman: Customary Law and the Utility of Real Property in the Eswatini Context,” published in Creating Indigenous Property: Power, Rights and Relationships (University of Toronto Press, 2020).