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Supreme Court Declines Appeal in Sauble Beach Treaty Case

The refusal leaves intact lower-court findings that a wrongly drawn 19th-century boundary places part of the beach inside the Saugeen reserve.

Overview

  • Canada’s top court on Thursday refused leave to the Town of South Bruce Peninsula and several private landowners, providing no reasons as is customary.
  • The decision keeps a 2023 Ontario Court of Appeal ruling in force that granted Saugeen First Nation possession of roughly 2.2 kilometres of Sauble Beach shoreline.
  • Lower courts concluded an 1855 survey conflicted with the 1854 treaty, determining the disputed strip should have been within the reserve.
  • The town and landowners argued they face dispossession and broader uncertainty for private landholding, while Saugeen’s lawyer framed the case as a narrow boundary correction rather than an Aboriginal title claim.
  • A second-phase court process is pending to set compensation for private owners and remedies for the First Nation, as local tensions persist following the replacement of the town’s welcome sign.