Town of South Bruce Peninsula issues statement regarding Sauble Beach court decision

Several days following a landmark superior court ruling granting ownership of a stretch of Sauble Beach to the Saugeen First Nation, the Town of South Bruce Peninsula has issued a statement regarding "unresolved questions" and its next steps.

On April 3, a landmark court decision returned Sauble Beach’s shoreline to the Saugeen First Nation. In the landmark decision, the Ontario Superior Court of Justice decided the Saugeen First Nation are the rightful owners to a valuable 2.5 kilometre-long stretch of the Sauble Beach shoreline, which stretches north of Sauble’s iconic sign.

In 1995, the Saugeen First Nation laid claim to a stretch of Sauble Beach’s shoreline, encompassing the most-used and popular section of Sauble Beach’s waterfront that sees over 400,000 tourists each summer.

“Simply put, the court has confirmed the entire beach belongs to the Saugeen First Nation, and always has,” Chief Conrad Ritchie told CTV News London’s Scott Miller on April 3. “The court has also ruled that the federal government violated our rights under Treaty 72 by failing to preserve the entirety of our reserve after we signed the treaty in 1854.”

Meanwhile, the Town of South Bruce Peninsula had claimed they own that stretch of beach and have fought the claim for decades, turning down a 2014 mediated settlement that led to a six-month long trial in early 2022.

Previous Saugeen First Nation chiefs have stated that if they were to win the land dispute, public access would remain at Sauble Beach and beachgoers would notice no difference.

The Saugeen First Nation currently owns and operates a stretch of the beach that stretches south of Sauble’s iconic sign.

The town-owned sections of the beach raise nearly $1 million in parking revenue every summer.

 

THE TOWN OF SOUTH BRUCE PENINSULA'S RESPONSE

 

On Saturday, Town of South Bruce Peninsula Mayor Gary Michi issued a statement on behalf of council regarding the implications of the court decision and their next legal steps in what they call “one of the most important issues that our community has ever faced.”

The statement reads that council is in the process of reviewing the decision and subsequent implications with legal counsel, and that “no decisions will be made about an appeal until we fully understand the implications of the decision for our residents and businesses.”

Furthermore, the statement expresses concern over "unresolved questions" for the town, including whether the private landowners have a life interest in the portions of the beach over which they hold title and where the reserve’s new east boundary lies – the latter of which is an issue that is set to be resolved in court over the next several months with a new ruling.

The statement adds that a court found the reserve’s east boundary is not the boundary set by the Crown in 1855, nor is the east boundary located where the Saugeen First Nation and the Government of Canada said it was at trial. They add that the court did not establish where the reserve’s new east boundary is located, and whether it lies east of the beach and includes Lakeshore Boulevard and other lands.

“We are working with legal counsel to understand and resolve these matters so that appropriate decisions can be made in the best interest of the community,” according to the statement.

“To be clear, the town has not reached a position on an appeal at this time. Our immediate priority is to gain clarity on beach maintenance and governance issues until the final terms of the court’s ruling are settled later this year,” the statement adds. “Town council will be reaching out to the Saugeen First Nation to discuss these matters and will be working to find a mutually acceptable interim resolution to these issues.

In the statement, Michi said this is currently the town’s highest priority, and that they will formalize and communicate their position “as soon as possible.”

— With files from CTV News London’s Scott Miller