The Ontario Court of Appeal has decided that a two-kilometre stretch of shorefront in the popular destination of Sauble Beach rightfully belongs to the Saugeen First Nation, after a lower court ruling was challenged by the town of South Bruce Peninsula last year.
The Saugeen brought forth the case to advocate for a section of beach they said was unjustly excluded from their treaty agreement in 1854, when a representative for the Crown improperly surveyed the land. The area, known as Chi-Cmiinh at the northern end of Saugeen Reserve No. 29, held cultural importance for fishing, boating, and their overall relationship to the region. Last spring, Ontario Justice Susan Vella ruled that the land should have been included, and that the Crown failed to protect it in alliance with the treaty.
“The rights of the Saugeen people have been vindicated,” said Saugeen Chief Conrad Ritchie in a statement posted on the Nation’s website. “Our relationship with our lands and waters is central to our way of life and Sauble Beach—known to us as Chi Gmiinh—is an integral part of our community.”
Most of Sauble Beach is part of the Saugeen Reserve, and those who own seasonal properties in the area lease the land from the Nation. While the Court of Appeal decision did not say whether it will impact property owners in the newly included section, Chief Ritchie reiterated the sentiment he expressed after the original decision. “We look forward to continuing the good work that we have done with our neighbours and partners over the past two summers to keep the beach a special place for everyone under Saugeen First Nation’s jurisdiction.”
The decision also referenced two local families that had joined the town’s appeal who own cottages in the disputed section and had “commercial interest” in it as a parking lot for tourists. The court wrote that the decision will not change the families’ rights to their cottages, and that “the constitutionally-protected, spiritual connection of Saugeen to its unceded Reserve land outweighs the commercial interests.”
In a statement, the Town of South Bruce Peninsula acknowledged the decision and expressed disappointment, but said they “respect the judicial process and remain committed to acting in the best interests of our community.”
The land claim was first brought to court in 1995, with the Saugeen and the town locked in back and forth legal filings. The federal government supported the Saugeen’s claim as far back as the 1970s; in 2014, when officials proposed a settlement that would grant the Nation ownership of the beach to co-manage with South Bruce Peninsula, the town turned it down and continued to fight for ownership.
Referencing the long history of fighting for rights on their territory, Chief Ritchie said that the Nation was pleased the Court of Appeal upheld the ruling. “After generations of not being heard by colonial governments, Saugeen First Nation is gratified by the recognition that we have finally received from the Ontario courts. Justice was done today.”
Related Story Ontario judge rules stretch of Sauble Beach belongs to Saugeen First Nation
Related Story The cross-country search for a site to store nuclear waste has ended just north of Lake Superior
Related Story Land trusts can help protect ecologically sensitive land in cottage country. Here’s how they work