The Town of South Bruce Peninsula says it is issuing a notice of appeal regarding a recent court decision which ruled in favour of Saugeen First Nation regarding the ownership of a portion of Sauble beach.
A release from the Town of South Bruce Peninsula is below:
“Council for the Town of South Bruce Peninsula has now had the opportunity to carefully consider the decision of the Superior Court of Justice, which found that the Federal Government breached the Honour of the Crown in its implementation by survey of Treaty 72.
The Court found that land sold by the Crown which includes a portion of Sauble Beach owned by the Town and various private landowners should have been but was not included within the boundaries of Saugeen Indian Reserve No. 29 during a survey conducted in 1855. Although the Crown conveyed lawful title and issued valid Crown patents over one century ago, the Court declared that this land now forms part of Saugeen’s Reserve.
As Council noted in its prior statement, the judgment raises important and unexpected questions including the actual location of Reserve No. 29’s east boundary, which is not defined in the Court’s reasons. These unresolved questions have serious implications, including for land east of Sauble Beach currently owned by the Town, businesses and community members, including Lakeshore Boulevard itself.
While the Town hopes to engage in a constructive conversation with Saugeen First Nation leadership to resolve these issues in a spirit of reconciliation, Council voted unanimously to issue a notice of appeal to preserve the Town and landowners’ rights while those discussions occur.
Town Council remains committed to reaching a result in the best interests of the community and will provide updates as this matter develops.”