The Town of South Bruce Peninsula has issued a statement Wednesday in response to the Supreme Court’s Decision not to grant leave to appeal a lower court decision on the Sauble Beach boundary case.
Mayor Jay Kirkland says in a statement, “Council’s main goal now is to build and strengthen our relationship with our neighbours of Saugeen First Nation,” adding, “By doing so, we can work together to bring even greater prosperity to our area.”
On August 28th, the Supreme Court of Canada denied the applications filed by the Province of Ontario and the Town of South Bruce Peninsula for leave to appeal the Ontario Court of Appeal decision regarding Saugeen First Nation’s claim to the sand beach between Main Street and 7th Street North.
- Court Rules In Favour Of Saugeen First Nation In Sauble Beach Boundary Claim
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The Town says the Supreme Court’s decision not to hear the appeal means that phase one of the land claim is now complete with Saugeen First Nation being declared as the owner of the sand beach between Main Street and 7th Street North.
The Town says in a statement, “We anticipate that the federal government will complete a land survey to formally set the Reserve’s eastern and northern boundary. Based upon the Ontario Court of Appeal decision at paragraph 165, the Town is confident that Lakeshore Blvd North and any lands east of Lakeshore Blvd North will not be included in any new Reserve boundary realignment.”
The Town’s release quotes the paragraph as saying, “Court of Appeal for Ontario decision, Paragraph [165]
the declaration only affects lands west of Lakeshore Boulevard, between a point in the road allowance between lots 25 and 26 and up to a point in Lot 31 to the north.”
According to the Town, phase two of the land claim will likely start in 2026 and will be focused on compensation.
It says, “On behalf of the residents and business owners in Sauble Beach, as well as for all ratepayers in South Bruce Peninsula, the Town will be seeking compensation from the Crown to address a multitude of issues created by the decision.”
They add, “Our community is still called Sauble Beach, and the Town remains the owner of the sand beach between 7th St North and Groves Point, which we call Sauble Beach. Sauble Beach continues to be a vibrant and bustling business, residential, and tourism friendly community.”
Back on July 1st, Saugeen First Nation took time to celebrate the conclusion of the decades-long court battle over the beach boundary. They held a beach barbecue to which all were invited and altered the letters on the existing Sauble Beach sign to read ‘Saugeen Beach,’ keeping the overall look of the sign the same.
As far as changes to the beach this past summer, there is a section where parking has returned to the beach by the former Crowd Inn, which the First Nation plans to use as an emergency / rescue station and parking revenue has continued to be collected by the Town, while the First Nation does not charge the public a fee for use of the beach.
Meanwhile, Saugeen First Nation issued a statement on August 28th.
They say “This ends a legal battle that has lasted for 35 years and a larger struggle that has lasted nearly two centuries. Saugeen First Nation is both proud and grateful for this opportunity to celebrate the historic vindication of its treaty rights with all its community members.”
Saugeen First Nation Chief Conrad Ritchie says in a statement, “Generations of Saugeen people have fought tirelessly against all odds to protect and preserve this deeply important area at the heart of our traditional territory,” adding, “The beach is central to our way of life. Out of all our vast territory, this is what our ancestors chose to reserve for their families– and for us today– when they took treaty with the Crown. Achieving this legal victory after all these years is a testament to the strength and resilience of our ancestors and our community.”
The First Nation says, “The Supreme Court ruling caps the first legal proceedings in Canada where courts have recognized Indigenous ownership of land that was wrongfully patented and sold to private settlers.”
Chief Ritchie adds, “We are disappointed that the lawsuit had to go this far,” noting, “Now that it is over, we hope that it sets a good precedent not only for First Nations who have to go to court to protect their rights, but also for better Indigenous/Crown relations outside of court. We appreciate that the federal government supported our claim and look forward to working closely with them and all our other government partners and neighbours on keeping Saugeen Beach a special place for everyone.”
The First Nation says, the legal proceedings have so far only dealt with the ownership of the land, and not any issues relating to compensation for any parties. They say a second trial may be scheduled to address compensation issues if those issues are not first resolved out of court.
