Ontario court rules against Saugeen Ojibway Nation claim to land, Lake Huron lakebed
Leaders with the Saugeen Ojibway Nation (SON) are expressing disappointment Friday following a court decision about their rights to millions of acres of land and lakebed stretching from Tobermory to Goderich, Ont.
Following a year-and-a-half long trial, Justice Wendy Matheson of the Ontario Superior Court decided that SON does not hold title to the waters of Lake Huron and Georgian Bay that border their territory.
It’s a precedent-setting decision, being the first time the Aboriginal title to waters has been decided by a Canadian court.
“The lakebed claim, obviously would have had ramifications across Canada, had it been a favourable decision. Our traditional teachings and our ancestors have told us that we’ve been here since time immemorial. If not, even archaeological digs have demonstrated that we’ve been here occupying the territory for 3,000 to 5,000 years,” says Saugeen First Nation Chief Lester Anoquot.
Anoquot, along with the Chippewas of Nawash Unceded First Nation, brought the water and land claim.
The court did side with the Saugeen Ojibway Nation on its claim the Crown broke a promise to them in 1836.
That’s when SON surrendered 1.5 million acres south of Owen Sound to the Crown, in exchange for a promise the Crown would protect the entire Bruce Peninsula for them.
Eighteen years later, the Crown came back for the surrender of the Peninsula. As compensation, SON is seeking $90 billion and recognition of its interests in lands on the peninsula, particularly those owned by the three levels of government.
“We’re not after third party property. We’re not after property that’s already been paid for or property owned. It’s land that was surrendered to the federal government such as road allowances, shorelines and unopened road allowances, as well,” says Anoquot.
Most municipalities in Bruce and Grey counties, named in the court case, are fighting the land claim. But Grey County has settled out of court and neighbouring Saugeen Shores is also working towards a similar solution.
“It’s going to be two years before we even move to phase two after you finish all the legal wrangling. I think we have to get to the point where we say, how much longer are we going to be in this dispute, is there another way to resolve this,” says Saugeen Shores Mayor Luke Charbonneau.
Anoquot couldn’t say if SON will appeal the decision on their claim to the waters surrounding their territory, but says now that the court case has been heard, discussions regarding their water and land claim -- and subsequent compensation -- can proceed with all three levels of government.
“The issue has finally come to fruition. It’s finally been presented to the courts, which is a positive step in the right direction, and I feel as though we can open dialogue, from there,” says Anoquot.
CTVNews.ca Top Stories
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.