First Nation 'disappointed' by municipal appeal of Sauble decision

A court decision to return a stretch of Sauble Beach sand to the Saugeen First Nation is being appealed by the Town of South Bruce Peninsula, which was not unexpected, but certainly not welcome news at the Saugeen headquarters, north of Southampton, Ont.

“It would have been nice to move forward in the spirit of reconciliation,” said Saugeen First Nation Chief, Conrad Ritchie.

In a prepared statement released Tuesday, Town of South Bruce Peninsula Mayor Garry Michi explained their decision to appeal.

“The judgment raises important and unexpected questions including the actual location of Reserve No. 29’s east boundary, which is not defined in the court’s reasons. These unresolved questions have serious implications, including for land east of Sauble Beach currently owned by the town, businesses and community members, including Lakeshore Boulevard itself,” said Michi.

On April 3, an Ontario Superior Court justice ruled the Saugeen First Nation always has been the rightful owners of a 2.5 kilometre stretch of sand stretching north of Sauble Beach’s iconic Main Street sign. It’s valuable sand, attracting more than 400,000 sun worshippers each summer, and bringing in nearly $1 million in parking fees alone.

It’s now Saugeen First Nation land, but maybe it shouldn’t be, according to Sauble Beach Residential Property Owner’s Association President, Doug Jordan.

“The judgement provided by Justice Vella seems to indicate she is rewriting Treaty 72 to some degree, and providing the Saugeen First Nation with more land than they asked for. So there’s ambiguities there enough to say this isn’t a clear issue,” explained Jordan.

At issue is whether the Saugeen First Nation owns more than just the waterfront from Main Street to Sixth Street, and if Lakeshore Boulevard running along the beach — and properties east of Lakeshore Boulevard — are part of the judgement.

“I’m not sure council read the decision, [but] page two, section five clearly states property line west of Lakeshore,” said Sauble Beach resident and business owner, Tom Laforme.

“If you read through the judgement, it’s pretty clear to me that there are no businesses or cottages on the east of side of Lakeshore mentioned at all,” added Laurie Garbutt.

Both Laforme and Garbutt want South Bruce Peninsula Council to stop throwing money at the courts to fight this land dispute and move on.

“I’ve never seen anything like the amount of money that’s been spent in court by this town, and now is the time to stop,” said Garbutt.

Jordan believes it’s not time to give up, and an appeal is the only way to finally put this dispute to bed, after being filed in court back in 1990.

“If it legally belongs to the Saugeen First Nation, so be it, but if it doesn’t, we need to take our own steps to ensure this is challenged to the fullest extent of the law,” said Jordan.

Ritchie said he’s confident the Saugeen’s claim will hold up under appeal, and added the two sides will have to work together in the interim to make this summer season a success.

“The decision is in the hands of the leaders of both communities, to showcase to Ontario and Canada, that this is how we can work together or not work together. If we put reconciliation into action or not. We have a responsibility to our communities to role model that behaviour,” he said.

Following some reckless driving on the beach last weekend, Ritchie said the Saugeen First Nation hired private security to patrol the Sauble Beach shoreline, but plans on having the beach open to the public, as usual, this spring, summer, and fall, and for years to come.