The Town of South Bruce Peninsula says it will ask the Supreme Court of Canada for leave to appeal an Ontario Court of Appeal decision on the Sauble Beach boundary case.
The Town had asked the Ontario Court of Appeal if it would reconsider two Sauble Beach boundary decisions by Ontario Courts. The Town made the request alongside the federal government, the provincial government and a few families associated with lands affected by the boundary claim who also appealed.
Ontario Superior Court Justice Susan Vella released her decision in 2023 that ruled all of Sauble Beach, up to a point between 6th and 7th Streets North, is part of Saugeen First Nation’s reserve.
(The Town was looking to appeal the 6th and 7th Streets North decision. It also asked to appeal a followup 2024 order to pay $1.61 million to Saugeen First Nation and about $470,000 thousand to the federal government in relation to the court case).
- Court Rules In Favour Of Saugeen First Nation In Sauble Beach Boundary Claim
- Judge Orders South Bruce Peninsula To Pay Saugeen $1.61-Million In Sauble Beach Boundary Case Costs
- Judge Rules No ‘Life Interest’ For Three Sauble Beach Title Owners
- Saugeen First Nation Shares Views On Beach Boundary
In December 2024, the Ontario Court of Appeal denied the Town’s request, the Province’s request and the families’ request. It granted one thing: Canada’s request for cross appeal of the trial judge’s determination that it alone is responsible for the pre-Confederation Crown’s liability.
Here is the Town’s statement from Friday, January 10th:
“The Town recognizes that there are some encouraging statements in the decision, as it pertains to the Reserve’s eastern boundary.
The Court’s finding that the trial Judge did not intend lands east of the sand beach to form part of the Reserve is positive for the Town. This would suggest that
Lakeshore Blvd N. and properties to the east, should remain within South Bruce Peninsula.
Although the Court of Appeal’s findings regarding Lakeshore Blvd N. and properties lying to the east provide some optimism for the Town, the Federal Government still needs to conduct a legal survey that confirms the precise location of the Reserve’s eastern boundary. We do not expect that a legal survey could be completed until the spring/summer of 2025.
In addition to the survey issue, Saugeen First Nation has not agreed to restrict its claim to the lands west of Lakeshore Blvd N. The Court of Appeal’s decision raises a number of significant legal issues that Council continues to digest.
Because outstanding issues remain, we are not in a position to drop our right to seek leave to appeal to the Supreme Court of Canada. The Town’s Leave to Appeal documents will be filed prior to the February 7, 2025, deadline.
It’s important to note that if the Town was to drop our rights to appeal at this time, and the survey, when completed, does not align with the Court’s written description of the Reserve boundaries, the Town would have to commence legal proceedings.
The Town’s legal team at Lax O’Sullivan Lisus Gottlieb LLP (LOLG) appreciates and understands the significance of the costs borne by South Bruce Peninsula to date, and as such is offering to undertake the entire appeal process at no cost to the Town, should the appeal be unsuccessful.
Pending the Supreme Court of Canada decision on our prospective appeal (which, if heard, will not be decided until 2026 at the earliest), the Town will continue to dialogue with Saugeen First Nation, with the intention of resolving outstanding issues/concerns to the satisfaction of both parties.
Discussions/negotiations would include at a minimum:
• Legal Survey confirming new Reserve boundaries
• Drain maintenance (Sauble Beach’s drainage outlets on new Reserve lands)
• Long term feasible public access to the beach.
• Beach related operations and partnership opportunities
Even once all appeals have been resolved, it is important to note that the Land Claim Trial is only in “Phase One”. “Phase Two” of the Land Claim Trial primarily deals with compensation to impacted parties and it won’t likely be resolved until sometime in 2026 at the earliest.”
The above statement from the Town mentions the question of an eastern boundary, and in 2023, Saugeen First Nation said in a statement, “The Town of South Bruce Peninsula has made frequent public statements about there being some kind of ‘unresolved questions’ about the location of our reserve boundaries under the judge’s decision. Those statements are simply not correct. There are no significant unresolved questions about the boundaries. The court was very clear that the north boundary of the reserve is at “the approximate mid-way points of Lot 31,” Precisely “214.4 metres north north ” of the road allowance between lots 30 and 31 (i.e., around 7th Street North), and that the east boundary is “lying to the west of Lakeshore Boulevard north.” The First Nation added, “We embrace the court’s conclusion on that point and agree with it entirely : the beach is part of the reserve but no lands east of Lakeshore Boulevard are included.”
South Bruce Peninsula Mayor Jay Kirkland tells Bayshore Broadcasting News, “We’re both going to have to wait until the survey is done,” adding its his understanding the federal government won’t get to it until May or June. He says, “If we could solve those bullet points, (above) then we’re okay with moving forward.” He says so far they haven’t negotiated those things.
Meanwhile, Kirkland thinks it will be months before the Supreme Court decides if it will hear the Town’s appeal.