Saugeen First Nation and The Chippewas of Nawash Unceded First Nation are expressing frustration with a court hearing about a treaty claim.
A joint statement from Chiefs Ogimaa Kwe Sonya Roote and Ogimaa Kwe Veronica Smith gives an update on an October 2nd court hearing in Toronto, where the SON representatives left the courtroom.
The statement explains, “Leaving the courtroom was a way of expressing our frustration with how Canada has approached our Treaty claim. It did not mean that we were giving up on the case or the remedies we have been seeking for our people.”
The Chiefs say, “The hearing was a for a motion that was brought by Canada asking the Court to say we cannot get any land back as part of remedies for our Treaty Claim.”
They explain, the Treaty Claim is about the Crown’s Treaty 45 ½ promise to protect the Peninsula for the Saugeen Ojibway from settlers. In 1836, the Crown asked SON to open up their lands in their Territory south of Owen Sound, and in exchange, they promised to protect the lands on the Peninsula from the encroachment of settlers forever.
The Chiefs say, “The Crown broke that promise.” They add, “In 1854, they came back to us, saying that they could not protect our lands. The solution, they said, was to open up the lands on the Peninsula for sale to settlers. The result was Treaty 72.”
They say, “In 1994, we brought a claim in the Ontario courts, saying that the Crown broke its treaty promise to protect the Peninsula and so breached its honour. The claim also said the Crown breached its honour in the way that it negotiated Treaty 72.”
In 2021, the Ontario court issued a decision confirming there was a breach of the honour of the Crown.
Saugeen Ojibway Nation is now in the second phase of the Treaty Claim which is about remedies. SON is claiming it should get the lands that are still owned by Ontario and Canada on the Peninsula.
The Chiefs note, “We are not seeking any private lands.” They add, “We are also claiming compensation, but the priority for us is and has always been the return of our lands.”
They say, “We have made repeated attempts to negotiate a resolution with Canada and Ontario since the Court released its decision in 2021.”
They add, “We are preparing now with our legal team for a trial about what remedies are appropriate. But Canada decided to bring a motion that asks the Court to decide before the trial that we cannot have lands back to remedy the Crown’s broken promises. ”
The SON Chiefs say, “It was an extremely difficult day. We were reminded once again that we are fighting for our rights and our lands in the colonial courts.”
They say there were many statements that were painful to hear, adding, “Statements were made that question our relationship to our lands, and that were dismissive of the value and even existence of our Anishinaabe inaakinogewin and so question who we are as a People. It was disrespectful to the members in attendance and watching online. We know it caused hurt.”
The SON Chiefs say in their statement, “Our court case is continuing, and our commitment to seeking the return of land and fair compensation remains unchanged. We also know that Members want to understand what leadership is doing beyond the courtroom, including how we can continue working with governments to find a fair resolution. Joint Council will be organizing a community meeting to give Members an opportunity to hear directly from leadership, ask questions and discuss what happens next. More information about the meeting will be shared once the details are confirmed.”
You can see the full statement below: