The Town of South Bruce Peninsula has issued another statement following an Ontario Superior Court ruling in favour of Saugeen First Nation concerning ownership of a stretch Sauble Beach.
In a release issued Saturday, the town says council continues to review the decision and its implications with legal counsel, and no decision has been made on an appeal.
“The decision raises unexpected and unresolved questions. One is whether the private landowners have a life interest in the portions of the beach over which they hold title. That issue will be resolved in the next several months with an additional ruling. A second important unresolved question is where the Reserve’s new east boundary lies. The Court found that the Reserve’s east boundary is not the boundary the set by the Crown in 1855. The Court also ruled that the Reserve’s east boundary is not where the Saugeen First Nation and Government of Canada said it was at trial,” the release from the Town of South Bruce Peninsula says. “The Court did not establish where the Reserve’s new east boundary lies and whether it includes land that currently lies east of the beach, including Lakeshore Boulevard and other land.”
The town says it is working with legal counsel to understand and resolve these matters so that “appropriate decisions can be made in the best interest of the community.”
“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 release from South Bruce Peninsula says. “Town council will be reaching out to Saugeen First Nation to discuss these matters and will be working to find a mutually acceptable interim resolution to these issues.”
The land dispute concerned a 2.25-kilometre strip of Sauble Beach, north of the famous Welcome To Sauble Beach (Main Street) to 6th Street. Saugeen First Nation brought the legal action in 1995.
South Bruce Peninsula council opted to pursue a trial, after rejecting a 2014 mediated settlement that would have turned over beach ownership to Saugeen First Nation but maintained public access. That proposed settlement was endorsed by the previous Ontario government and the Canadian government.