SON Land Claim Trial Coming to an End

Closing arguments for the Saugeen Ojibway Nation (SON) land claim are set to begin on October 19, 2020. The journey from 1994, when these two claims began, has been a long one. SON took the Treaty 72 land claim to court in 1994 with the knowledge that the Crown had broken their written promise from Treaty 45 ½ to protect the Peninsula forever for the Saugeen Ojibway. In 2003, SON added a claim about the waterbed, since the waters and waterbed surrounding the Territory was never surrendered.

Given the current pandemic, closing arguments will be heard by the Ontario court virtually.

When: October 19, 2020 at 10 am

Where: Youtube. To find the link each day, visit oktlaw.com/services/cases/son_titleclaim

What happens next?

The Environment Office and Joint Council will ensure that the communities remain informed about the land claims. SON members (of Saugeen or Nawash) can sign up for our newsletter to receive updates from your Environment Office and Joint Council.

Background

The trial portion of the claim began on April 23, 2019, and is presided over by Justice Wendy Matheson of the Ontario Superior Court. Most of the trial have taken place in a Toronto courtroom, while part of the hearing took place in both Saugeen and Nawash in spring 2019.

Claim #1 – Treaty 72: In 1836, SON was pressured to surrender 1.5 million acres of territory south of Owen Sound, these lands were signed away with a promise from the Crown that the Saugeen (Bruce) Peninsula would be protected for SON forever. Only 18 years later, in 1854, the Crown came back and had SON sign Treaty 72, which gave away most of the peninsula. If SON is successful in this claim, SON will receive legal ownership of lands on the Peninsula that are still owned by Ontario or Canada, or land that hasn’t been purchased by a third party (municipal roads are one example). Part of the result of a successful claim will be compensation for the years that SON was unable to use the land, as well as the future loss of use for lands that cannot be returned to SON. Local municipalities have also been named in the claim, as well as the counties. Recently, SON settled with Grey County, but the claim continues against the remaining governments (local municipalities, Bruce County, Ontario and Canada).

SON has set $80 billion in restitution and $10 billion in punitive damages as the compensation amount they would receive, as advised by experts. If this amount is given, the communities will have to decide what to do with the money, with consideration for the next seven generations.

Claim #2 – Waters: SON’s claim about Aboriginal Title to the lakebed is a claim about lands that SON never gave up, nor signed Treaties related to. SON Territory includes the waters of Georgian Bay and Lake Huron, as you can see in the Territory Map. To claim ownership of the waters, under Canadian law SON has to claim ownership of the lakebed, and with that they gain ownership of the water and fish above that lakebed. SON is asking the court to recognize SON’s Aboriginal Title to those waters. This case is the first time the issue of Aboriginal Title to waters will be decided in a court of law in Canada.