Robinson Huron Treaty Litigation Fund’s Compensation Disbursement Agreement

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Whereas the Lake Huron First Nations have established a Trust (Robinson Huron Treaty Litigation Fund) on August 23, 2010 to pursue the Annuities Claim and have approved a Trust Indenture which has been adopted by First Nation Councils;

Whereas the Trust Indenture provides that the Trustees will “develop for the approval of the Settlors of the Trust, a Compensation Disbursement Agreement for the distribution of any compensation/settlement proceeds” within three (3) years from the establishment of the Trust;

Whereas this Compensation Disbursement Agreement shall be subject to and must be consistent with the Trust (Robinson Huron Treaty Litigation Fund) established on August 23, 2010 including but not limited to the definitions. This Trust Indenture is attached to this Agreement;

Whereas the Chiefs-in-Assembly put forward Principles to guide the Trustees in the development of the Compensation Disbursement Agreement on August 24, 2010;

Whereas the Chiefs-in-Assembly believe that the entitlement to annuities and the Compensation Disbursement Agreement should be governed by our own Anishinabek customs, laws and history, as well as the spirit and intent of the Treaty, and not by the Indian Act or Indian Affairs policies, treaty pay-lists or membership lists;

Whereas the Chiefs-in-Assembly hereby adopt the following Principles that shall guide the Trustees in developing the Compensation Disbursement Agreement:

1. The rights under the Robinson Huron Treaty are collective rights.

2. Entitlement to annuities shall be based on Anishinabek customs and laws rather than the Indian Act and Indian Affairs policies, band lists and treaty pay-lists.

3. Lake Huron First Nations who invest or have contributed funds to pursue the annuities claim are entitled to a return of their contribution plus a 25 % return on their investment on a priority basis.

4. It will be up to each Lake Huron First Nation to decide whether to make per capita distributions to living individual annuitants who are members of their First Nation for their own distributions.

Whereas the Chiefs-in-Assembly received a recommendation for a Compensation Disbursement Agreement from the Trustees on August 8, 2012 consistent with the Principles to guide the Trustees.

Therefore the Chiefs-in-Assembly are prepared to recommend this Compensation Disbursement Agreement to the Settlors of the Trust and provide a First Nation Council Resolution or Council Resolution if they agree to this Compensation Disbursement Agreement. The distribution of the compensation/settlement proceeds shall be as follows:

1. The Lake Huron First Nations who invest or have contributed funds to pursue the annuities claim are entitled to a return of their contribution plus a 25 % return on their investment.

2. If there is an amount to be allocated after the first distribution, the amount will be distributed as follows:

a. 40 % will be allocated for equal distribution to each Lake Huron First Nations who participated in the Trust, with a reduction of 1% which is to be set aside to be allocated to living individual annuitants who are not members of the Settlor First Nations on the date of the establishment of the Trust will be entitled to receive a per capita distribution which reflects compensation for annuities they ought to have received in their lifetime. If there is amount remaining from the 1%, it will be allocated equally to the First Nations who participated in the Trust. If the 1% does not cover all costs to the eligible annuitants, the Trustees will request that each Lake Huron First Nation cover that amount from their remaining distributions.

i. The principles to be applied for allocated to living individual annuitants who are not members of the Settlor First Nations for the 1% is:

- The Trustees will establish an application process and retain relevant consultants to verify applications

- The deadline to apply under this process shall not exceed one (1) year from the date of the 40% distribution to the Lake Huron First Nations

- The applicants must first apply to a Lake Huron First Nation

- Upon proof of refusal from a Lake Huron First Nation, they can apply to the Trust with sufficient proof for their eligibility (i.e. geneology)

- The distribution to be allocated to each successful applicant shall not be more than the least amount that is distributed on a per capita basis to individuals from the Lake Huron First Nations

b. 25% will be allocated for distribution to Lake Huron First Nations who participated in the Trust proportionate to their respective populations.

c. 25% will be allocated for distribution to Lake Huron First Nations who participated in the Trust proportionate to the number of annuitants within their respective populations the amount per capita shall reflect the compensation for annuities an individual annuitant ought to have received in his or her lifetime.

d. 10% will be set aside for the collective purposes of advancing the rights and interests of the members and First Nations within the Lake Huron First

Nations as a whole.

Also, attached to this Compensation Disbursement Agreement is a priority of payment document intended to assist the Settlors of the Trust to understand how the disbursement of any Compensation/Settlement Proceeds awarded for and received by the Fund as a result of, or in respect of the Annuities Claim.

Finally, the Compensation Disbursement Agreement will be determined by 60% of the Settlor First Nations and may be amended by 60% of the Settlors of the Trust.

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