Town of Saugeen Shores advances next step in Saugeen Ojibway Nation Settlement Agreement

On February 28, Town Council declared surplus approximately 1.7 hectares at 229 Turner Street in Southampton. This is the first step in the process to formally transfer the land to Saugeen Ojibway Nation (SON) as part of the Land Claim Settlement Agreement reached last September.

The parcel of land includes a pumping station. The station will remain in the ownership of the Town.

Chiefs Anoquot and Smith met with the Mayor of Saugeen Shores to recognize this important step forward.

“Being able to reach a resolution outside of the court process allowed us to come to an agreement that recognizes the Saugeen Ojibway’s connection to our traditional lands, and also the importance of the relationship that we have and will continue to build with Saugeen Shores.” said Chief Lester Anoquot (Saugeen First Nation).

“On behalf of the Chippewas of Nawash, we accept the land offered by the Town of Saugeen Shores. This is truly a demonstration of the good faith and on-going work we must continue together towards Truth & Reconciliation, and the settlement of the Saugeen Ojibway Land Claim.” said Chief Veronica Smith (Chippewas of Nawash Unceded First Nation).

“Reaching the land settlement agreement with SON was a highlight of 2021,” said Luke Charbonneau, Mayor of the Town of Saugeen Shores. “Each step forward is a significant one on our journey to reconciliation with our neighbours. We look forward to working with SON on further initiatives in coming months.”

In addition to providing this property to SON, in the Agreement, the Town also approved financial compensation and a commitment for ongoing municipal support for housing development. The Town also acknowledged the need for reconciliation and protection of the Indigenous significance of other lands in the Summerside development that were recently transferred to the Town. In 2022, Saugeen Shores will work with SON to name these lands in the Summerside development and provide a permanent installation to recognize the lands significance to the SON community.

For more information about the land claim settlement visit Saugeen Shores and Saugeen Ojibway Nation Finalize Settlement Agreement

Backgrounder

SON is made up of two First Nations – the Chippewas of Saugeen First Nation and the Chippewas of Nawash Unceded First Nation – with a shared history and ancestry. SON’s traditional homelands – or its territory – includes the Saugeen (Bruce) Peninsula and about 1 ½ million acres of land to the south of it, stretching from Goderich to Collingwood.

SON launched a claim related to some of the lands on the Peninsula 25 years ago against Canada and Ontario. The case is about the actions of the British Crown who, in 1836, pressed SON to surrender 1.5 million acres of its lands south of Owen Sound. In exchange, SON says that the Crown made an important promise: to protect the Saugeen (Bruce) Peninsula for SON, forever. But, 18 years later the Crown came back for a surrender of the Peninsula.

SON’s legal action says that this was a breach of the duty the Crown owed to SON, and that the Crown misled SON in the negotiations leading up to the surrender. It seeks the return of lands on the Peninsula that are still owned by Ontario or Canada or have not been bought and paid for by third parties. As such, SON’s claim also includes some municipal road allowances and shore road allowances. That includes roads owned by Saugeen Shores.

An agreement between Saugeen Shores and SON would settle the portion of the claim against Saugeen Shores, but the claim will continue against Canada, Ontario and other municipalities.

The trial began in April 2019, and closing arguments were heard in October 2020. To date, no decision has been released.

229 Turner St on aerial map

229 Turner St – legally known as Town Plot Part Park Lot 2 South of Birch Street (pumping station indicated by the blue square in the Northwest corner of the lot)

Chief Lester Anoquot, Saugeen Frist Nation, Chief Veronica Smith, Chippewas of Nawash and Mayor Luke Charbonneau, Saugeen Shores

Left to right – Chief Lester Anoquot, Saugeen First Nation, Chief Veronica Smith, Chippewas of Nawash and Mayor Luke Charbonneau, Saugeen Shores.

Additional Information

Overview

Saugeen Shores Mayor and Council are committed to truth and reconciliation starting with our SON neighbors.
On September 21, 2021, Saugeen Shores and Saugeen Ojibway Nation (SON) completed an out of court settlement of the long standing SON Land Claim for portions of the Bruce (Saugeen) Peninsula.
The actions associated with the settlement illustrate Saugeen Shore’s dedication to building a stronger relationship with SON and a future of collaboration on initiatives that support the goals of our collective communities.
SON’s claim against the federal, provincial and other municipal governments is continuing, with appeals recently filed at the Ontario Court of Appeal.

Background

SON is made up of two distinct First Nations – the Saugeen First Nation and the Chippewas of Nawash Unceded First Nation, whose territory includes over 2 million acres in Southwestern Ontario. The two First Nations launched the land claim jointly approximately 20 years ago.

Aboriginal Title Claim

SON’s claim about ownership of lands under water is a claim about title to SON’s traditional homelands that were not surrendered by treaty. SON’s traditional homelands includes the Saugeen (Bruce) Peninsula and about 1 ½ million acres of land to the south of it, stretching from Goderich to Collingwood. It also includes the waters surrounding those lands. Those are the waters of Georgian Bay and Lake Huron, and SON is asking the court to recognize SON’s ‘Aboriginal title’ to those waters.
Aboriginal title, in Canadian law, is an Indigenous land right that is recognized and protected by section 35 of the Constitution Act, 1982. While First Nations in Canada have successfully brought court claims about Aboriginal title to lands, this is the first time that the issue of Aboriginal title to waters will be decided by a court.

Treaty Claim

SON’s second claim is about Treaty72. In 1836, the British Crown pressed SON to surrender 1.5 million acres of its lands south of Owen Sound. In exchange for those rich farming lands, the Crown made SON an important promise: to protect the Saugeen (Bruce) Peninsula for SON, forever. But, 18 years later the Crown came back for a surrender of the Peninsula. The Crown said that they could no longer protect SON’s remaining lands from settlers, and Treaty 72 was signed in 1854.
SON’s claim is that the Crown could have protected the Peninsula and misled SON in the negotiations of a surrender of the Saugeen (Bruce) Peninsula. SON’s claim is that this was a breach of the Crown’s fiduciary duty. What SON is seeking is a declaration the Crown breached this duty. If successful, in a later phase of this claim, SON will be looking for recognition of its ownership interests in lands on the Saugeen (Bruce) Peninsula that are still owned by Ontario or Canada or have not been bought and paid for by third parties (so, municipal roads, for example), as well as compensation.
The trial of both claims began on April 23, 2019, and is being presided over by Justice Wendy Matheson of the Ontario Superior Court.

Details of the Saugeen Shores Settlement Agreement

The Town of Saugeen Shores and the Saugeen Ojibway Nation (SON) reached an out of court resolution to Saugeen Shore’s involvement in SON’s long-standing legal action in relation to parts of the Saugeen (Bruce) Peninsula Claim on September 21, 2021
The Town of Saugeen Shores committed to providing approximately 1.7 hectares of municipal property north of the Saugeen River as part of the settlement.
On February 28, Town Council approved the transfer of the approximately 1.7 hectares of land at 229 Turner Street called “Oak Birch Park” in Southampton.
This step supports an open and transparent process for transferring these lands from the Town of Saugeen Shores to SON and fulfilling this requirement in the settlement Agreement.
In addition to providing this property to SON, in the Agreement, the Town also committed to municipal support by way of staff resources and expertise for housing development if SON decides to seek this assistance within the five years following the settlement date.
At this time, a decision on how to use the land has not been made. The Town of Saugeen Shores supports SON in progressing as it wishes to assess the needs of their communities and then determine any support the Town may be able to provide.
The parcel of land includes a pumping station. The station will remain accessible to and in the ownership of the Town.
Additionally, the Town of Saugeen Shores acknowledged in the Agreement the need for reconciliation and protection of the Indigenous significance of lands recently transferred to the Town in the Summerside development off Goderich Street in Port Elgin near the cross roads of Devonshire and Bruce Streets.
In 2022, Saugeen Shores will work with SON to name these lands and provide a permanent installation to recognize the lands significance to the SON community.