Marianne Wood,
Bruce Peninsula Press
Saugeen Ojibway Nation (SON) leaders are calling on Canada and Ontario to settle their long-running treaty claim at the negotiating table.
Recently, the Crown filed a motion to remove “land-back” as an available remedy for the treaty claim.
The two First Nations that make up SON, Saugeen First Nation and Chippewas of Nawash Unceded First Nation, held a rally in Toronto October 2 to press their case. The event has drawn wide attention on social media.
The dispute stems from a 2021 Ontario Superior Court decision. The court found that the Crown breached its honour by failing to diligently carry out its promise, made in Treaty 45½ in 1836, to protect the Saugeen Peninsula for the Saugeen Ojibway. Remedies were left to a second phase of the case.
Five years later, there is still no decision on what that remedy should be. A remedy trial is scheduled for late 2030 into early 2031. That would be almost a decade after the court confirmed the breach.
SON is seeking the return of appropriate lands on the peninsula that are owned by Canada or Ontario, along with financial compensation. The nations stress that the claim does not include privately owned homes, cottages, farms or businesses.
In a joint update to members, Chief Sonya Roote of Saugeen First Nation and Chief Veronica Smith of Chippewas of Nawash Unceded First Nation said the return of land “is and has always been” their priority.
On the Bruce Peninsula, federally and provincially owned land includes significant holdings managed by Parks Canada, such as Bruce Peninsula National Park.
On October 2, the case was back in a Toronto courtroom. Canada brought forward a motion asking the court to rule, before the remedy trial, that the return of federal and provincial Crown lands should not be available as a remedy. SON is opposing the motion.
SON members who attended the hearing walked out partway through. In their update, the two chiefs said, “There were many statements made about our history, our relationship to our lands and Anishinaabe inaakinogewin that were offensive.” They added that the walkout will not affect how the court rules.
A decision on the motion is not expected for several months.
The leaders say they have repeatedly asked Canada and Ontario to negotiate since 2021, and those calls have been ignored. They argue that the court’s finding should be enough to bring both governments to the table.
“We should not have to fight Canada and Ontario in court on this motion or in general about whether or not lands and compensation are needed,” they wrote.
SON Joint Council is holding a members’ meeting on November 7th for all Saugeen Ojibway Nation members to come together to discuss their treaty claim and the path forward.
More information on SON and the treaty claim is available at honourthetreaty.ca.
