First Nations leaders in northern Ontario say tariffs violate treaty rights, demand seat at table

First Nations leaders in northern Ontario argue that tariffs imposed by Canada and the U.S. violate treaty rights and ignore their historical trade networks.

'We're not even on their radar,' says Lake Huron regional chief Scott McLeod

Faith Greco · CBC News · Posted: Mar 30, 2025 5:59 AM EDT | Last Updated: March 31

Man stands at a podium with traditional beaded necklace. — Lake Huron Regional Chief Scott McLeod says First Nations need to be included in government discussions on tariffs to work on a solution. (Anishinabek Nation/Facebook)

First Nations leaders in northern Ontario are pushing back against American and Canadian tariffs, arguing that these trade barriers ignore their treaty rights and centuries-old trade routes.

The Robinson Huron Waawiindamaagewin treaty group says tariffs imposed by both governments should not apply to the 21 First Nations within the Robinson Huron Treaty territory and is calling for recognition of their long-standing economic independence.

Lake Huron Regional Chief Scott McLeod feels First Nations are being shut out of critical discussions that impact their economies, despite having well-established trade networks that predate Canada and the United States.

"There has been zero dialogue with First Nations on this issue both from a provincial and federal voice," said McLeod, the former chief of Nipissing First Nation.

"We're not even on their radar when these talks happen, when we should be at those tables with our treaty partners, having those conversations."

Rodney Nahwegahbow, chief of Whitefish River First Nation said the provincial and federal governments are failing to recognize First Nations as "rights holders" rather than "stakeholders" in decisions affecting their lands and resources.

"We are going to assert our rights in any decisions, policies or otherwise affecting our land. So to put it bluntly, that includes all these possible tariffs and of course, our treaty rights," he said.

Obligation of shared resources

People sitting at a table, some are wearing traditional indigenous regalia. — The Robinson Huron Treaty signed in 1850 outlines an agreement for sharing land and resources. The First Nations in the treaty territory maintain that they did not surrender their land, but agreed to share it in exchange for an annual share of any resource revenue. (Aya Dufour/CBC)

First Nations have traded goods across what is now the Canada-U.S. border for centuries, moving items such as leather, crafts, tobacco and traditional medicines.

McLeod points to the Jay Treaty of 1794, which recognized Indigenous rights to freely move and trade across the border — though Canada has never ratified it.

"What we do have on our side of the Canadian border is the pre-Confederation and post-Confederation treaties that happened, which mostly deal with the resources in our territories," he said. "That adds another layer of complication to any proposed tariffs."

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He says treaties, including the Robinson Huron Treaty of 1850, established a relationship of resource revenue sharing and agreed to share the land in exchange for annual payments.

Since the treaty's signing, northeastern Ontario has produced one of the largest nickel mining operations in the world, alongside historic copper, uranium, lumber and fishing industries.

Treaty rights ignored amid trade war

A man standing. — Nahwegahbow feels the traditional territories are being exploited because governments are making economic decisions about mining, forestry, and energy resources without consulting First Nations. (Aya Dufour/CBC)

"Our traditional territories here in Robinson Huron, are really being exploited," said Nahwegahbow.

In response to tariffs imposed by U.S. President Donald Trump, Ontario Premier Doug Ford imposed a 25 per cent tariff on electricity exports to three states. He later suspended the measure but said the tariff remains an option. Ford has also threatened to cut off America's nickel supply if the trade war continues.

"Premier Doug Ford takes this gallant stand on Ontario's resources, but doesn't acknowledge any reference to the treaty or the fact that Ontario doesn't outright own the resources," McLeod said.

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McLeod and Nahwegahbow argue that if the government is collecting revenue from tariffs on First Nations resources, First Nations should receive a share of those funds.

"If there's any tariffs placed on those resources, then that has to translate, because tariffs are just another tax, which is a revenue," he said. "And nobody is talking about the idea that if those revenues are to be shared, then those increased tariffs or taxes should be reflected in payments to the First Nations."

McLeod also points to Section 35 of the Canadian Constitution, which recognizes Indigenous and treaty rights, adding that First Nations were not involved in the drafting of the Constitution.

"The one thing Canada has never done, and probably will never do, is define what those rights are," McLeod said. "So really, it's just an empty box that Canada feels they have the jurisdiction to determine what those rights are."

Global Affairs Canada has not responded to CBC's request for comment.

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Corrections

A previous version of this story stated that Ontario Premier Doug Ford imposed a 25 per cent tariff on electricity exports. In fact, he suspended the surcharge after one day.