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
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.