Confidential

Trust Indenture of the Robinson Huron Treaty Litigation Fund‍

Established by the Lake Huron First Nations to pursue the Annuities Claim

PLAIN LANGUAGE VERSION

Confidential & For Reference Only

The Trust Indenture begins with “whereas clauses (recitals)” to explain why it was created. It is a written contract between a trustee (who are delegated the responsibility to act in the best interest of the beneficiaries of the Robinson Huron Treaty of 1850) and the Settlors (who are the 13 or more of the 21 Lake Huron First Nations who signed the Robinson Huron Treaty of 1850,) Chiefs and the issuer (the BMO) for security on the amount of the trust Indenture. The Trust Indenture is a legal document that allows the trustees to manage the annuities claim in court, including any settlement monies. and is binding upon the twenty-one First Nations RHT signatories once signed.

The right to annuities is a collective or community treaty right rather than an individual right.

Thirteen of the twenty-one Lake Huron First Nations have a claim or claims against the Crown because the annuities were not increased.

Because a body was needed to be established to start litigation or carry-out negotiations to settle the annuities claim;

This trust is used to protect and manage the funds and activities of the Trustees;

The Trustees and Settlors negotiated this Trust Indenture to achieve a full, fair, and final resolution of the claim.

This plain language version of the Trust Indenture is offered as a guide. It has been prepared to help community members understand the terms of the Trust Indenture.

ARTICLE 1 – INTERPRETATION

1. This article defines the meaning of certain words and terms relied upon in the Trust Indenture. It also lists “Schedule A” which is a list of Robinson Huron Treaty Defense Contributors and the financial amount each provided.

ARTICLE 2 – CONSTITUTION AND NAME

2. This Trust Indenture includes at least 13 of the 21 Lake Huron First Nations and is called the Robinson Huron Treaty Litigation Fund (RHTLF). Each Settlor (Robinson Huron Treaty First Nation) is to provide $100.00 dollars to begin this trust. The RHTLF will continue until the annuities claim is decided, including distribution of any settlement monies and does not upset treaty rights.

ARTICLE 3 – PURPOSES

3. The purpose of this trust is to decide the annuity claim against Canada and Ontario in connection with the augmentation, or increase, clause in the Robinson Huron Treaty of 1850. This trust will allow the Trustees and the Settlors to manage any monies received, including any settlement monies. It provides instructions to the legal team and requires updates on the litigation to the beneficiaries of the Robinson Huron Treaty.

ARTICLE 4 – TRUSTEES

4. There are 22 trustees from three groups of beneficiaries, including: 1) fourteen First Nations from the North Shore and Highway 69 Corridor First, 2) 7 First Nations from Manitoulin Island, and 3) one trustee from outside the RHT area who is also a treaty annuitant.

5. Trustees are appointed by the Councils of each First Nation and their time in office is between five and seven years. Trustees must be annuitants (receive, or are entitled to receive, treaty annuities), be eighteen years old or older, not be bankrupt and must reside in Canada. Trustees may be removed from office for reasons such as criminal charges, fraud or retirement.

6. Trustees are assigned to manage the RHTLF which includes managing assets, hiring of personnel, entering into contracts, and maintaining bank accounts. They must conduct their duties with honesty and in the best interest of the RHTLF.

ARTICLE 5 – PROCEEDINGS OF TRUSTEES

7. Trustees must conduct meetings with quorum (which is 65% of trustees) and all decisions of the trustees should be reached by consensus (unanimous). If consensus cannot be reached, then a vote of 50% of trustees will be required in order to choose an elder to help the trustees reach consensus. If consensus is still not reached, then a vote of 70% of trustees will carry the decision. Meetings are to be held annually and all decisions must be put into writing.

ARTICLE 6 – OFFICERS AND COMMITTEES

8. A Litigation Management Committee (LMC) is to be formed with six Trustees (members), which will include two members from each of the Northshore, Manitoulin and Highway 69 Corridor. This LMC will appoint a Chair and a Vice Chair (officers) and meet quarterly. Minimum for meetings is at least four members with representatives from each of the three regions and decisions are to be made via consensus. If consensus cannot be reached, the item will be directed to the Trustees.

9. The LMC will provide instructions to legal counsel, prepare the Compensation Distribution Agreement (an agreement between the Settlors of this Trust regarding the disbursement of any Compensation in in respect of the court claim) and manages the annuities claim. The LMC is responsible to communicate between the Trustees and legal counsel, the Trustees and the Chief of each Lake Huron First Nation, and must act in the best interest of the Beneficiaries. The LMC manages all aspects of the annuities claim including the litigation.

ARTICLE 7 – BANKING, CUSTODIAL ARRANGEMENTS, BORROWING AND SIGNING AND RELATED AUTHORITIES

10. The Trustees have a banking account for the RHTLF where any settlement monies will be deposited and distributed to beneficiaries. The Trustees may also appoint a bank to manage any resources of the RHTLF.

11. The Trustees may not borrow any money except for an operating line of credit or to pay for the litigation for the annuities claim. The RHTLF must have two signing authorities, one officer and one Trustee.

ARTICLE 8 – ADMINISTRATION PLANNING AND EXPENSES

12. Administration expenses are costs associated with the management of the RHTLF. A business plan must be prepared which will include a budget and all activities for the RHTLF except for litigation (the court case). The business plan for the administration will include such activities as investment of the RHTLF, objectives, communication plan, workplans and accomplishments, and performance expectations.

ARTICLE 9 – REINBURSEMENT OF SETTLORS OF THE TRUST

13. Settlors (the Robinson Huron Treaty First Nations) may be repaid for any costs or contributions to the RHTLF, including interest, upon submission of invoices.

ARTICLE 10 – EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS

14. The Trustees may employ people, including independent consultants, for the management and operation of the RHTLF and pay them reasonable compensation for their duties.

ARTICLE 11 – INVESTMENTS

15. The Trustees will manage and invest the assets of RHTLF and will act in the best interest of the RHTLF.

ARTICLE 12 – MANAGEMENT AND ADMINISTRATIVE OFFICES OF THE FUND

16. The Trustees may appoint people to manage the RHTLF and the assets of the RHTLF. They will establish an administrative office on one of the Lake Huron First Nation reserves.

ARTICLE 13 – ADDITIONAL CONTRIBUTIONS AND FUNDING AGREEMENTS

17. Additional contributions by any person may be accepted by the Trustees on behalf of the RHTLF and further agreements may be entered into with the Settlors (Robinson Huron Treaty First Nations) to add to the administration and legal fees account.

ARTICLE 14 – CONFLICTS OF INTEREST

18. A Trustee must disclose any conflict of Interest and must do so in writing to the other Trustees of the RHTLF. If there is a conflict of interest, the Trustee may not take part in discussions and shall not vote on any resolution regarding the matter in which they have a conflict.

ARTICLE 15 – LITIGATION MANAGEMENT PLAN

19. The Trustees shall submit an initial litigation (court case) management plan to the Settlors of the RHTLF within six months of the creation of the RHTLF. This plan must be updated for the next five years and approved by the Settlors within three months of the financial year end. The plan will include a budget and be communicated to the Settlors on a lawyer-client (privileged and confidential) basis.

ARTICLE 16 – BOOKS, RECORD AND FILING OF RETURNS

20. The Trustees will maintain records and accounts of RHTLF business and assets and file all necessary documents.

ARTICLE 17– BENEFICIARY

21. The beneficiaries of the RHTLF are the Settlors (Robinson Huron Treaty First Nations) and their annuitants. If any beneficiaries are found to be invalid because of the law, then the RHTLF will continue for the rest of the beneficiaries. The Trustees are not required to disclose confidential information or documents to any beneficiaries other than the Settlors.

ARTICLE 18 – TRUSTEE LIABILITY

22. The Trustees are not responsible for the actions of each other nor are they personally liable for any claims against the RHTLF.

ARTICLE 19 – TRUSTEE IDEMNITY AND INSURANCE

23. The Trustees on behalf of the RHTLF shall indemnify (compensate for loss) the Trustees unless the Trustee fails to comply with their obligations in s. 4.10 to 4.12 (powers, duties, acting in the best interests of the RHTLF). The Trustees will be protected after they are no longer trustees, the fund terminates or the RHTLF ceases.

24. The Trustees are also compensated, out of the assets of trust, for any legal costs awarded in the Annuities Claim. An insurance package will be purchased for errors and omissions and client and third-party coverage.

ARTICLE 20 – AMENDMENT AND TERMINATION

25. This Trust Indenture can be changed if 60% of the Settlors (Robinson Huron Treaty First Nations) approve the change. The RHTLF will be ended when the Annuities Claim is concluded, settled, or resolved and may be ended upon legal advice or if 60% of the Settlors decide to do so. Any assets or monies remaining must be dealt with according to the procedure set out in this section.

ARTICLE 21 – GENERAL PROVISIONS

26. Nothing in this Trust Indenture will have an impact on any treaty or Aboriginal rights recognized and affirmed in the Constitution Act, 1982 of the Lake Huron First Nations, their members or annuitants.

27. If any provisions in this Trust Indenture are found to be invalid, illegal, or unenforceable, they will not affect the other remaining parts.

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Confidential & For Reference Only

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