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Last Updated: Jul 29, 2021 | 6:40 PM
Map Showing Area SON Sought Title To
The Ontario Superior Court has released its decision in two longstanding treaty and title claims by the Saugeen Ojibway Nation (SON).
On Thursday (July 29) Justice Wendy Matheson found in the Title Claim, SON did not meet the test set out by Canadian law for Aboriginal title to the claimed areas in Lake Huron and Georgian Bay.
A release from SON’s Environment Office says this is the first time the matter of Aboriginal title to waters was decided by a court in Canada.
SON explains, “Aboriginal title, in Canadian law, is an Indigenous land right that is recognized and protected by section 35 of the Constitution Act, 1982. The prevailing test calls for evidence about exclusive and sufficient use at the time that the British Crown asserted sovereignty. In this case, that date was 1763.”
Author of the article: The Sun Times
Publishing date: Jul 29, 2021 • 1 hour ago • 3 minute read • Former Saugeen First Nation chief Vernon Roote with a map outlining the treaties and the Bruce Peninsula land claim and aboriginal title claim to waterbeds in the traditional territory at the beginning of testimony in 2019 the James Mason Memorial Cultural and Recreation Centre at Saugeen First Nation. files SunMedia
Article content
Saugeen Ojibway Nation leaders reacted with disappointment to an Ontario Superior Court decision about a title claim that SON had made to some waters of Georgian Bay and Lake Huron, but were pleased Justice Wendy Matheson found the Crown had failed to protect lands on the Bruce, or Saugeen, Peninsula as it had promised in a treaty.