The Saugeen Ojibway Nation is set to contest a federal government initiative aimed at blocking the return of Crown-owned land from being part of an ongoing treaty claim that dates back decades.
This claim, which was submitted against Canada and Ontario in 1994, includes both Saugeen First Nation and the Chippewas of Nawash Unceded First Nation.
The First Nations achieved success in the first stage of the case, with the court ruling that the Crown failed to meet its obligations linked to Treaty 45 1/2 and did not adequately safeguard the Saugeen Peninsula from unauthorized use and encroachment.
The upcoming phase will focus on determining what remedies should be implemented due to these breaches.
“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 stated.
The Nations emphasized that their claim does not include privately owned land.
“We are not seeking the return of any lands that are owned by private individuals,” the statement said.
Nevertheless, Canada has filed a motion arguing that returning land should not be an available remedy in this case.
SON has instructed its legal team 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 goes as planned for this phase, a trial could take place in late 2030 or early 2031.
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