Saugeen Ojibway Nation peninsula, lake bed claims trial reaches closing arguments Rob GowanRob Gowan
Published on: October 21, 2020 | Last Updated: October 21, 2020 4:32 PM EDT After a year and a half in Ontario Superior Court, the trial into two longstanding claims by the Saugeen Ojibway Nation is nearing its end. The closing arguments for the trial into the SON claims over the Bruce Peninsula and aboriginal title to the waters of its traditional homelands began on Monday, and are scheduled to continue over the coming days. “For the Saugeen Ojibway, the trial drawing to a close is one step closer in our continuing battle to assert our rights and our responsibilities to our lands and to our waters,” Saugeen First Nation Chief Lester Anoquot said in a news release. “Those rights and responsibilities are central to who we are. We hope that the Crown will be held accountable for the responsibilities and obligations that they have to us and regardless of the outcome, commit to working cooperatively with is towards reconciliation.” The trial began on April 23, 2019, presided over by Justice Wendy Matheson. The majority of the trial has taken place in a Toronto courtroom with some early hearing days held locally at Saugeen First Nation and at the Chippewas of Nawash Unceded First Nation at Neyaashiinigmiing, who together make up SON. Chippewas of Nawash Chief Greg Nadjiwon said Tuesday that it has been a 30-year process to get to this point. He expects it to be a long time before it is settled. “I know we have presented a very strong case and I am optimistic about the outcome,” Nadjiwon said. “I certainly know how things go. One side will feel a little better and there is probably an appeal process and all the rest that comes along with the litigation, but I still feel optimistic.” One of the claims being argued at the trial was launched by SON in 1994, more than 25 years ago. The claim relates to what SON argues is the Crown’s promise to protect some of its traditional homelands, which originally stretched from Goderich and Collingwood north to the tip of the Bruce Peninsula. SON has argued that in 1836, the British Crown pressed them to surrender 1.5 million acres of land south of Owen Sound. In exchange for those lands, the Crown promised to protect the Saugeen (Bruce) Peninsula forever, SON says. But just 18 years later, the Crown came back for a surrender of the peninsula, saying they could no longer protect it from settlers. Treaty 72 was signed in 1854. SON is claiming that the Crown misled them and could have protected the peninsula, which was a breach of the Crown’s fiduciary duty. It asks that lands on the peninsula still owned by Ontario and Canada, or not bought and paid for by third parties, be returned to them. The Bruce Peninsula National Park is part of the claim. Six municipalities were also named in the claim, including South Bruce Peninsula, Northern Bruce Peninsula, Saugeen Shores, Georgian Bluffs, Bruce County and Grey County over municipal road allowances and shore road allowances they received from the Crown without paying for them. In late September Grey County announced it had settled with SON on their portion of the claim. That settlement included the transfer of 275 acres of Grey County forest in Georgian Bluffs known as the Mountain Lake forest property. Settlements have not been reached with the other five municipalities. “We are going in the right direction,” Nadjiwon said in reaction to the Grey County settlement. The second claim, filed in 2003 and merged with the original claim, seeks Aboriginal title to portions of Lake Huron and Georgian Bay waterbeds, except for island that were subject of treaties and privately owned lands. The claim is seen as groundbreaking as it is the first time in Canada that the issue of Aboriginal title to waters will be decided by the court. SON is also seeking $80 billion in compensation and an additional $10 billion in punitive damages. Nadjiwon said in the news release from SON that their relationship with their territory has always included their connection to the water. “As Anishinaabe, we have a responsibility to the lands and the waters in our territory,” Nadjiwon said. “When we brought this claim 20 years ago, it was about and still is about seeking recognition of the importance of that continuing relationship.” The closing arguments are being heard by the court virtually, due to attendance restrictions in place because of the pandemic, and can be viewed online at oktlaw.com/services/cases/son_titleclaim/ Nadjiwon said they have made sites available in the community for band members who want to follow the closing arguments. Jim McKane Kitchener, Ontario ================================= Send a Message to the List - [email protected] List Archive - https://list.cotyroneireland.com/empathy/list/cotyronelist.list.cotyroneireland.com Join the list by sending an email to - [email protected] Unsubscribe by sending an email to - [email protected] =================================
