The Saugeen Ojibway Nation plans to contest a federal government move aimed at stopping the return of Crown-owned land from being included in a longstanding treaty claim.
This claim, initiated against Canada and Ontario in 1994, involves both the Saugeen First Nation and the Chippewas of Nawash Unceded First Nation.
The First Nations successfully completed the first phase of their case, with the court determining that the Crown violated its commitments under Treaty 45 1/2 and failed to safeguard the Saugeen Peninsula from illegal occupation and encroachment.
The second phase will focus on deciding what remedies should be provided for those violations.
“In this next phase, we are seeking two main things: (1) the return of lands on Saugeen Peninsula that are owned by Canada or Ontario; and (2) compensation,” a joint update from the Chiefs and Councils said.
The Nations emphasized that their claim does not target privately owned properties.
“We are not seeking the return of any lands that are owned by private individuals,” the statement said.
However, Canada has filed a motion arguing that returning land should not be an available remedy in this case.
SON states it has instructed its lawyers to oppose that motion.
“For our people, the Treaty Claim has always been about protecting our relationship with our lands and waters,” the statement said. “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.”
The motion is set to be heard on October 2 in Toronto.
If everything moves forward as planned into the remedies phase, a trial is anticipated for late 2030 or early 2031.
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