Update to Saugeen First Nation re: North Sauble Beach
As we look forward to another busy summer, Chief and Council would like to update the community on the status of the legal proceedings regarding North Sauble Beach:
- Success at trial (2023): On April 3, 2023, the trial judge agreed with our claim and declared that North Sauble Beach is and always has been part of our reserve. The court also declared that no other parties have any interest in our reserve, and that the Crown breached its duties to protect and preserve our reserve lands. The trial judge later awarded us over $3.2 million toward the legal fees that we paid; this was not compensation, this was just a reimbursement of a portion of the expenses we incurred in the trial.
- Success on appeal (2024): On December 20, 2024, the Court of Appeal for Ontario upheld all the trial judge’s declarations of our rights. The Court of Appeal also awarded us over $176,000 toward the legal fees that we paid for the appeal; again, this was not compensation but was reimbursement of a portion of the expenses we incurred on appeal.
- Awaiting decision from Supreme Court of Canada (expected 2025): The Town of South Bruce Peninsula and the Government of Ontario have both appealed to the Supreme Court of Canada. We expect a decision later this year about whether that court will agree to hear the appeal. If it agrees to hear the appeal, further arguments will be necessary. If it refuses, that will conclusively establish Saugeen ownership of North Sauble Beach with no further appeals possible.
- Compensation has not yet been determined: There is a second phase of the lawsuit that will not begin until after the Supreme Court of Canada makes a final decision about the status of North Sauble Beach. The second phase of the lawsuit is when all issues relating to compensation for loss of use of the beach will be determined. The trial judge concluded that the Crown breached its duties to Saugeen First Nation, but the court has not yet considered how much compensation we should receive. Our lawyers will attempt to negotiate with federal and provincial Crown lawyers about that issue. If it cannot be fully resolved outside of court, then there will be a second trial about compensation in coming years.
For further information, please contact Chief and Council.
To download the official notice from Chief and Council, click here.
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