Saugeen Ojibway Nation continues its court battle with the provincial and federal governments over a treaty claim dating back to 1994.
The first phase of the claim concluded in 2021 after Justice Wendy Matheson decided the Crown broke its promise to the First Nation in Treaty 45 1/2 to protect the Saugeen (Bruce) Peninsula from settlers forever in exchange for 1.5 million acres of land south of Owen Sound.
Treaty 45 1/2 was signed in 1836, 18 years before the Crown had the First Nation sign over the remainder of the peninsula in 1854 in Treaty 72.
Justice Matheson did, however, rule in favour of the Crown on the nation’s Aboriginal title and fiduciary duty claims. In 2024, the Supreme Court denied a request by the First Nation to appeal that decision.
The second phase of the treaty claim concerns what the First Nation should receive in remediation for the Crown’s breaches. According to a statement from Saugeen Ojibway Nation, they have urged both the provincial and federal governments to negotiate a resolution but have been refused. A trial for remediation has been set for late 2030 to early 2031.
The First Nation issued a recent statement saying they are seeking two main remedies: “the return of lands on the Saugeen Peninsula that are owned by Canada or Ontario; (and) compensation.”
They state they are not seeking any land that is privately owned.
SON says, “A land back remedy would best repair the harm caused by the Crown’s broken promise in Treaty 45 1/2 to protect the Saugeen Peninsula for us forever.”
They say Canada has filed a motion to argue that the return of land is not an available remedy in this case and that the court should make that distinction before the second phase of the trial begins.
The Saugeen Ojibway Nation says it has instructed its lawyers to contest Canada’s motion, which is scheduled to be heard in court in Toronto on Oct. 2, 2026.