- by Anne Finlay-Stewart, Editor
The Owen Sound Hub received two messages yesterday concerning the Ontario Superior Court's decision on the boundary of the Saugeen First Nation reserve at Sauble Beach.
The first was from the Saugeen First Nation #29 Administration to its membership; the second from the Town of South Bruce Penninsula as a public media release.
From the Saugeen First Nation #29 Administration:
Chief and council are delighted to share the news that Saugeen First Nation has been successful in its lawsuit regarding ownership of Sauble Beach. After many years of litigation, the Court's decision is a complete victory for Saugeen First Nation.
Justice Susan Vella of the Ontario Superior Court of Justice ruled that all of Sauble Beach extending up to a point between 5th and 6th Streets North is and always has been part of Saugeen First Nation's reserve. Simply put, the Court also ruled that the federal government violated our rights under Treaty 72 by failing to protect and preserve the entirety of our reserve after we signed the Treaty in 1854.
While there may be further legal proceedings to come depending on the responses of the other parties, including appeals, we have so far been totally successful in our lawsuit against Canada, Ontario, and the Town of South Bruce Peninsula. Issues that remain for the Court to address include compensation to our First Nation for the government's breach of treaty.
We look forward to sharing more information about the case with our members and, together, to resuming our traditional stewardship over the north part of the beach. This win truly belongs to all of us – without our people's unwavering commitment to this fight over nearly 170 years, and without our people's fundamental belief that this was always their land, this victory would not have been possible. This has been a long fight, over many decades, but the hard work by leadership and our people has paid off and we have achieved a huge victory that we should all celebrate together."
From the Town of South Bruce Peninsula:
The Town of South Bruce Peninsula has received the Sauble Beach Land Claim decision which is not in favour of the Town’s position on the matter.
Mayor Michi states “this is a complex issue that requires time to formalize a position. Council understands how important this issue is to the Town and thanks all residents in advance for your patience.”
Council will review the decision in detail prior to formally making public comment and considering next steps.
photograph: Michael McLuhan