Saugeen First Nation is celebrating the return of culturally significant ancestral land in Southampton after unauthorized demolition work took place there.
Back in November 2022, an individual and an Ontario numbered company were charged under the Ontario Heritage Act with disturbing a registered archaeological site at 6 South Rankin Street in Southampton.
That’s located just northwest of the Zgaabiignigan Bridge between Southampton and Saugeen First Nation, near the range light where the road curves around a corner heading north immediately along Lake Huron.
The site has long been identified as historically important, with thousands of artifacts uncovered there, and evidence of significant ceremonial importance dating back thousands of years. The River Mouth Speaks exhibit at the Bruce County Museum describes its importance.
What happened Tuesday, when the Ontario Court of Justice traveled to Saugeen First Nation, also went beyond the normal sentencing considered under the Ontario Heritage Act of a fine or jail time. A guilty plea was accepted, and a joint submission – an agreement between both parties – about what the sentence should be was reached, a $3,500 fine will be paid, and $30,000 is being paid to the First Nation for remediation, but uniquely the land has also been donated back by the guilty party, free of charge to the First Nation.
Chief Conrad Ritchie tells Bayshore Broadcasting News, “I believe that there hasn’t been any kind of case law or anything prosecuted under the (Ontario) Heritage Act, and I believe Saugeen and the Ministry of the Attorney General and the legal counsels, they all worked towards a resolution that was fair and reasonable in restoring that relationship because there was a lot of rupture because of that.”
He adds,”That’s also re-triggering too, to the people here when there has been continuous assault for lack of better words on the people and their identity. So it’s a template perhaps of trying to figure out way to restore that relationship, and I think part of that was achieved today.”
The agreed statement of facts read out in the court Tuesday noted the numbered company had purchased the land for over $600,000 along the lake Huron shoreline at the mouth of the Saugeen River, and the intention was to build a family home in the place of a derelict house. Knowing it was a registered heritage site, the numbered company retained Archaeological Research Associates Ltd (ARA). which provided guidance on how work could proceed without further disturbing the heritage site.
Back in November 2022, a neighbour noticed demolition work underway on the site and notified the First Nation. That day, the Town’s building inspector also took note and issued a stop work order as a permit had not been issued to demolish the building.
The construction damage has been described in court as brought about by a miscommunication between the numbered company and the company doing the demolition work.
What had been approved was the removal of asbestos ‘by hand’ by a professional, with areas or significance fenced off and a certain thickness of protective barrier laid on the ground where work would be done to avoid compacting the soil and artifacts within it. ARA also advised that a member of Saugeen First Nation should be present at the time the work was being done.
What actually happened was a 54,000lb excavator was driven onto the site on top of plywood, the whole area was fenced but not sites to be protected within it, and the building was 90 per cent demolished using the heavy machinery before the Town arrived and ordered them to stop. The contractor also went ahead with the work without someone from Saugeen First Nation present.
The court heard the numbered company was unaware of exactly what had transpired at the time, according to email evidence and agreed upon as fact by the parties. An additional charge was laid under s. 8(1) of the Ontario Building Code for demolishing a building without a permit, but that was withdrawn under the plea agreement.
An apology from the numbered company was read out in court Tuesday, and it was noted the fine will be paid, and the land donated to the First Nation.
Chief Ritchie says, many other former Chiefs and spiritual leaders and elders in the community carried forward the history and importance of that site. “It’s been a long time coming and it’s a good feeling in the sense of a good step. One of the small steps towards reconciliation,” says Ritchie.
Ritchie made a closing statement in the court Tuesday, in which he talked about the good that can come from communities ‘leaning in,’ and listening to each other.
He explains to Bayshore Broadcasting News, “I think when we’ve allowed others to teach us certain narratives, it could potentially create further separation, further ignorance and many other factors that contribute to separation.” he adds, “But when people start to take those conscious efforts to what I mentioned, ‘lean in’ — they start to see that they have a lot more in common than they think they do, because separation has kept us in that state.”
He adds, “We also have to do our due diligence as leaders as parents to teach our children beyond what the education system has taught us. That’s why it’s important , so that going forward, people are doing things in a way — collectively- instead of individually — within our towns, our municipalities, there’s a lot of things we could all learn from each other.”
Former band councillor Audra Roote visited the in the aftermath of the demolition the day it took place and was involved in the interventions to do what they could to preserve that site. “We understand the cultural significance of that specific location and the history and connection to our community here at Saugeen and also reflecting that our ancestors occupied that land so that to me was compelling to go and do what we could to protect that site. It’s a celebratory day for us here to have that returned to us,” says Roote.
She adds, “Considering where we live, it’s a heavily developed area and you’ll notice right now if you were to drive along the County Road 13 there is a subdivision that’s going just to the east of that property. So it’s developing, and that is our concern is the development there and the potential disturbances going forward, so wanting to ensure that potential developers do their due diligence and ensuring that there has been no disturbances.”
Roote says, “I’m hoping the results of today’s hearing here open the public’s eyes as to what can happen when disturbances like this occur, that there is a responsibility to ensure that sites are protected. What deeply concerns though, would be reluctant homeowners who may be reluctant to come forward should they have findings on their property, that they might be deterred because of courts and the actions that occur as a result of defying orders.”
“It is very much important that we’re alerted to things like that,” says Roote, adding, “We don’t want people to be afraid to come forward and let us know that they do find things.”
She says, “Slowly but surely, wrongs are being righted and corrected so we’re moving a step in the right direction.”
Band Councillor Waabnokwe Theresa Root says, “For us moving forward, today was a really extremely important day for us to be able to be heard and to acknowledge that, because we knew that site was protected. We knew that there was ceremony there and when you think about where our ancestors were– there’s a reason why they were there. That transportation for them using the river was really important and then we get slowly pushed away from that vital transportation route for us and then we uncover, things are getting discovered. It really signifies how important that is.”
She adds, “It’s really important that today— to bring someone to court knowing that something happened there, that they had to answer to that. That’s what so awesome about today, that’s what’s so significant for us, not only for us in Saugeen First Nation but in other First Nations, so hopefully that will discourage other people to do what happened here. That people would be honest and say we have to report this, come clean and be truthful.”
“We want to leave for our future grandchildren and our future people that are coming, that we could mend that relationship with others instead of us being just pushed aside with really no thought to us being here,” says Root, adding she was excited for the hearing Tuesday and feels it’s been an important step towards reconciliation with the First Nation People, “I say miigwetch for today.”
Dr. Robert Martin is the archaeologist for Saugeen Ojibway Nation. He explained “It’s certainly among the most significant sites in SON Territory.”
He says artifacts could be on the surface of the land, or just below it. “Not far at all. They’re in the topsoil.”
He says if you think you’ve found an Indigenous artifact you can contact the Saugeen Ojibway Nation Environment Office.
Meanwhile, although the successful use of the Ontario Heritage Act is being celebrated in the case, there is still concern over the push for rapid development in Ontario and changes to legislation that allow development to proceed more quickly.
Martin says the Ontario Heritage Act was established in 1975, and he’s happy it worked Tuesday to protect the culturally important land, but is critical of legislation like the Ontario More Homes Built Faster Act. “It’s meant to remove barriers to housing development but ultimately that really means potentially at the expense of things like archaeological assessment. So these amendments suggest significant changes basically to how things used to function and overall how properties are designated and protected and just basically trying to speed up development.”
Martin points out Acts that include Bill 23, the More Homes Built Faster Act, (2022), Bill 108, the More Homes, More Choice Act, (2019), and Bill 200, Homeowner Protection Act, (2024) all make changes that could affect the ability to protect sites.
Martin says, “It is concerning with all permitted and unpermitted activities taking place and all the development,” says Martin, adding, “Especially the area around Saugeen Shores and Saugeen First Nation, these are areas of very high archaeological potential. There’s not only the modern shoreline but there’s ancient shoreline. Despite the fact that there hasn’t been systematic archaeology conducted, there’s still a ton of sites and many more that remain to be documented.”