Toronto: Canada’s Supreme Court has declined to hear an appeal from the town of South Bruce Peninsula, finalising the return of a contested stretch of Lake Huron shoreline to the Saugeen First Nation after more than 170 years of dispute.
The decision ends a protracted legal battle over a 1.5-mile section of sandy beach that was promised to Saugeen under an 1854 treaty but later omitted from official maps. The omission, which the federal government admitted was an error, sparked decades of tension between the First Nation and the municipality.
In 2021, the Ontario Superior Court ruled in favour of Saugeen, finding that the Crown had failed to properly survey and mark the boundaries of the reserve. The Ontario Court of Appeal upheld that ruling two years later. With the Supreme Court’s refusal to hear further challenges, those decisions now stand as final.
“The Crown had failed to properly survey and demarcate the land in the 19th century. Reserve land is constitutionally protected, and First Nations cannot be dispossessed of it except in the rarest circumstances,” said Nuri Frame, counsel for Saugeen.
The town of South Bruce Peninsula and private landowners had argued that returning the land to Saugeen would set a troubling precedent for property rights. In submissions to the Supreme Court, the municipality warned the ruling could sow uncertainty and unpredictability at the core of Canada’s system of private landholding.
Local officials had previously attempted to resolve the matter through a 2014 agreement, under which Saugeen would hold title to the beach while co-managing it with the town council.
The deal, supported by both federal and provincial governments, also included a one-time C$5 million (US$3.6 million) payment to the municipality. However, opposition during that year’s municipal election derailed the agreement and returned the matter to litigation.
The case comes amid heightened national debate over land rights following a British Columbia Supreme Court ruling earlier this month. That decision, concerning the Cowichan Tribes on Vancouver Island, recognized Aboriginal title to 800 acres of land and declared certain government land titles defective, sparking concerns over property ownership.
Despite parallels, Frame maintained that the Saugeen case was narrower in scope. “This dispute was about a very specific parcel of reserve land and the language of one treaty. It does not represent a broad rewriting of property law in Canada,” he said.
Beyond the courtroom, the victory has carried symbolic weight for Saugeen. Earlier this year, the iconic sign welcoming visitors to Sauble Beach was changed to Saugeen Beach, a move described by community members as a long-overdue recognition of their treaty rights and cultural identity.
