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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.