The top court of Canada has found that the successive Canadian governments' "egregious" failure to uphold a crucial treaty struck with Indigenous nations rendered the agreement a "mockery" and denied generations of fair compensation for their resources.

Although the highly anticipated finding is expected to result in billions of dollars being paid out, First Nation leaders believe the decision only adds another obstacle to the decades-long struggle for justice.

Canada's supreme court condemned the federal and Ontario governments for their "dishonorable" actions regarding a 174-year-old agreement, which left First Nations people to live in poverty while nearby communities, businesses, and the government took advantage of the abundant natural resources to further their own financial interests.

The court's decision was made unanimously and was released on Friday.

The court stated in the ruling, "For almost a century and a half, the Anishinaabe have been left with an empty shell of a treaty promise."

The stark language is yet another illustration of how important cases continue to show the lingering legacy of the colonial project, which was initially conceived by the British government and continued after Canada gained independence.

The court's ruling to draw attention to the "egregious" methods in which governments have handled their agreements with Indigenous nations may have far-reaching effects on Canada as a whole as well as the impacted areas.

Read more: Indigenous America: The US kills its victim and walks in its funeral

The British Crown and a number of Anishinaabe nations on the banks of Lakes Huron and Superior signed a compact in 1850 that served as the basis for the case.

A unique "augmentation clause" in the Robinson Treaties, which covered 35,700 sq miles (92,400 sq km) of land, promised to increase annual payments "from time to time" as the land produced more wealth - "if and when" that payment could be made without causing a loss to the Crown.

The lands and rivers included by the agreement produced enormous profits for businesses over the course of the following 174 years, as well as significant income for the province of Ontario. However, the annuities were set at $4 per person in 1874 and were never raised after that.

The court added: “Today, in what can only be described as a mockery of the Crown’s treaty promise to the Anishinaabe of the upper Great Lakes, the annuities are distributed to individual treaty beneficiaries by giving them $4 each,” leaving aside the “shocking” figure paid to beneficiaries.

“The Crown has severely undermined both the spirit and substance of the Robinson Treaties.”

One of the main topics the court addressed was the treaty's unique "augmentation clause." 

The court ruled that the nation-to-nation arrangement constituted an alliance of equals and urged the Crown to raise the yearly payments in order to go back "to the foundations of the treaty" and "engage the honour of the Crown."

Justice Mahmud Jamal wrote that it would be "patently dishonourable" to fail to do so.

Lawrence Wanakamik, chief of Whitesand First Nation, expressed to reporters the decision had been a “long time coming”.

In January last year, a series of high-profile pipeline conflicts in recent years have highlighted the volatile character of resource extraction projects, which frequently pit First Nations communities against strong corporations.

Two landmark agreements in western Canada could have reportedly reshaped the role of Indigenous nations in resource development projects, giving previously excluded groups more power and signaling a possible shift in how industry and governments negotiate with communities on the frontlines of environmental degradation.

It is worth noting that the region is currently home to coking coalmines with a dismal environmental track record: in March, a provincial court fined Teck Resources C$60 million for polluting local waterways with selenium at its Fording River and Greenhills operations. Other mines have been suggested, but they have been met with fierce opposition.

In recent years, Indigenous leaders in Western Canada have lobbied for a stronger say — or even complete authority – over resource developments affecting their area.

Indigenous people in #Canada performed dancing rituals during a pro-#Palestine rally in #Toronto as they demanded a ceasefire in #Gaza.#GazaUnderAttack #GazaGenocide pic.twitter.com/RbZckmqudg

— Al Mayadeen English (@MayadeenEnglish) November 14, 2023