Mish launches lawsuit over Treaty 9

Lawyers for Mishkeegogamang have begun opening remarks in what could be a landmark case over the James Bay Treaty.
After years of legal wrangling, the case began May 16 in Toronto with the federal and provincial governments, Ontario Power Generation and Ontario Electricity Power Corp. all represented.
The case will explore the treaty and whether it was honoured fairly. The community’s lawyer E. Anthony Ross said in court May 16 that the provincial and federal governments have not honoured the deal by moving the Mishkeegogamang people away from the land they had been promised and then allowing the land to be flooded by hydro projects.
Flooding caused bones to wash up from burial grounds, according to the suit.
That is the basis for the multi-million and possibly billion dollar lawsuit.
Allegations listed in the suit have not been proven in court.
Chief Missabay signed the treaty, written in English – a foreign language to him – in 1905 with an “X”
The chief had no one acting on his behalf and did not play a role in the determining the terms of the treaty, historical records show.
Apart from treaty payments of $4 annually and the right to hunt and fish, the people of Mishkeegogamang received little benefit from the treaty.
Unemployment is high as are the levels of fetal alcohol spectrum disorder and depression, according to community leadership.
The community is seeking remedy from Canada for “breach of fiduciary duties resulting in trespass, nuisance, wrongful deprivation of riparian rights, permitting profiteering … in contravention of treaty obligations.”
The trial is expected to continue through November.