The Town of South Bruce Peninsula has lost a boundary claim dispute concerning a stretch of Sauble Beach.
A brief statement was issued by the Town on Tuesday morning saying it “has received the Sauble Beach Land Claim decision which is not in favour of the Town’s position on the matter.”
South Bruce Peninsula Mayor Garry Michi included a brief, prepared statement in the release: “This is a complex issue that requires time to formalize a position. Council understands how important this is issue is to the Town and thanks all residents in advance for your patience.”
The town statement also says “council will review the decision in detail prior to formally making public comment and considering next steps.”
Saugeen First Nation put out a statement as well Tuesday morning, claiming victory in the case.
“Justice Susan Vella of the Ontario Superior Court of Justice ruled that all of Sauble Beach, extending up to a point between 5th and 6th Streets North, is and always has been part of Saugeen First Nation’s reserve,” the statement from the band says. “Simply put, the court has confirmed the entire beach belongs to Saugeen First Nation and always has.”
The statement from the First Nation adds: “The court also ruled that the federal government violated our rights under Treaty 72 by failing to protect and preserve the entirety of our reserve after we signed the Treaty in 1854.”
It also says “issues that remain for the court to address include compensation for our First Nation for the government’s breach of treaty.”
Calls to South Bruce Peninsula Mayor Garry Michi and Saugeen First Nation Chief Conrad Ritchie for comment weren’t immediately answered. Bayshore Broadcasting News has not yet received a copy of the judge’s decision for review.
The Sauble Beach case went to trial in late 2021. Testimony wrapped up in May 2022 — when Ontario Superior Court Justice Susan Vella reserved her decision.
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.
More to come…