NationTalk: Exeter Lakeshore – Times Advance – South Bruce Peninsula’s appeal of a decision recognizing Saugeen First Nation’s ownership of more beach at Sauble Beach might not go to trial May 27.
Two days of negotiations are planned involving federal and provincial representatives, the town and Saugeen in the next two weeks.
Saugeen Chief Conrad Ritchie and South Bruce Peninsula Mayor Jay Kirkland both expressed hope in separate interviews that negotiations would succeed and that the trial date could be cancelled.
“The biggest concern is the east boundary and the free access of the public to the beach,” Kirkland said by phone Friday. “We don’t care who owns it, we just want to make sure the public can access that portion of the beach.”
Superior Court Justice Susan Vella’s April 3, 2023 reasons for judgment said the disputed 2.25 kilometres, or 1.4 miles, of beach north of Main Street “always has” been part of the Saugeen reserve.
Saugeen already owns the south beach, while the town still controls the very northern end of the beach beyond what was included in Vella’s decision.
But the town argues the eastern boundary is not defined in the judge’s decision and by implication of her reasoning, which the appeal sets out in detail, could encompass Lakeshore Boulevard, private cottages, homes and businesses.
“If I can get those two things in writing and agreed to then we don’t need to go to trial,” Kirkland said. “But if they’re not willing to bend on that and guarantee the free access of the people to the beach, then that means in the future they could close it at any time they want, such as what they did to their side of the beach.”
Sauble Beach is a tourist town which relies on the influx of visitors who come for the beach.
The town’s written appeal is seeking more than that. It’s asking the Court of Appeal for Ontario to set aside Vella’s judgment and dismiss Saugeen’s action.
If the court finds band compensation is warranted for Canada’s breaches of fiduciary duty and honour of the Crown, the town asks that it not be addressed by making the beach reserve lands. Any damages should be dealt with in Phase 2 of the court proceeding, the town-led appeal says.
The appeal alternatively asks for the judgment to be set aside and a new trial ordered. Also, it asks for costs and any other relief the court deems just.
Asked about that, Kirkland said the appeal was based on legal advice. “I just told you our biggest two issues are those two things.”
Ritchie said he’s optimistic negotiations will avoid another trial. “I feel very optimistic about it. I feel good about it.”
People should expect the same open access to the beach this year as last, he said. He hopes negotiations prior to the court date produce a plan that avoids court but that may just be part of the process they’ll have to follow, he said.
“Everything remained status quo last year, which was pretty reasonable,” the first year Saugeen controlled the beach. “Nobody blocked public access to the beach or anything like that . . . I think everything will be status quo as it was.”
He said there wasn’t too much disruptive behaviour on the beach last year. “I think if we all work together to curb that I think things should be status quo and people can have fun at the beach and swim.”
“It’s just a matter of having hard conversations with each other and building that rapport,” he said. “Youth are watching and they’re looking to the leaders and seeing how they can role model that behaviour when it comes to differences or conflict.”
Meanwhile, there were community meetings at Saugeen and at Neyaashiinigmiing this week to update members about efforts to ask the Supreme Court of Canada hear an appeal of a separate case.
Saugeen Ojibway Nation, which is composed of both Chippewa bands, wants the Supreme Court to consider whether the Crown owed a fiduciary duty to them and whether it was breached when the Crown didn’t stop settlers from moving into the Bruce Peninsula, which was promised to SON.
It’s asking the Supreme Court for leave to appeal parts of lower court decisions against SON’s multi-billion-dollar Bruce Peninsula land claim and Aboriginal title to territorial waters around Bruce Peninsula and beyond. Both the trial judge and the Ontario appeal court have concluded the Crown owed no fiduciary duty to SON –despite failing to live up to its promise to do more to keep settlers from pouring into the Bruce Peninsula.
SON is seeking federal lands, including Bruce Peninsula National Park, and provincial lands on the peninsula to be held for them in a constructive trust. That’s based on there being a Crown fiduciary duty that was breached, SON’s lawyer Cathy Guirguis has said.
Another community meeting will seek direction from members, while band councillors will also represent members’ views at the council table, he said.
Chippewas of Nawash Chief Greg Nadjiwon said Friday “We’re waiting on a decision from the Supreme Court, . hopefully within three months.”
Meanwhile, there were community meetings at Saugeen and at Neyaashiinigmiing this week to update members about efforts to ask the Supreme Court of Canada hear an appeal of a separate case.
Saugeen Ojibway Nation, which is composed of both Chippewa bands, wants the Supreme Court to consider whether the Crown owed a fiduciary duty to them and whether it was breached when the Crown didn’t stop settlers from moving into the Bruce Peninsula, which was promised to SON.
It’s asking the Supreme Court for leave to appeal parts of lower court decisions against SON’s multi-billion-dollar Bruce Peninsula land claim and Aboriginal title to territorial waters around Bruce Peninsula and beyond. Both the trial judge and the Ontario appeal court have concluded the Crown owed no fiduciary duty to SON –despite failing to live up to its promise to do more to keep settlers from pouring into the Bruce Peninsula.
SON is seeking federal lands, including Bruce Peninsula National Park, and provincial lands on the peninsula to be held for them in a constructive trust. That’s based on there being a Crown fiduciary duty that was breached, SON’s lawyer Cathy Guirguis has said.
Another community meeting will seek direction from members, while band councillors will also represent members’ views at the council table, he said.
Chippewas of Nawash Chief Greg Nadjiwon said Friday “We’re waiting on a decision from the Supreme Court, . hopefully within three months.”