An Ontario Superior Court of Justice ruled Monday that Chippewas of Saugeen First Nation is — and always has been — the rightful owner of Sauble Beach after decades of litigation.

“I had a rush of emotion. I felt it in my heart,” said Chippewas of Saugeen First Nation Chief Conrad Ritchie about learning of the landmark decision. “We have something now that our ancestors and everybody has been fighting for over the last 170 years.”

The court ruled that Chippewas of Saugeen First Nation is the rightful owner of a 2.5-kilometre stretch of shoreline previously claimed by the Town of South Bruce Peninsula; the land reaches beyond the iconic sign tourists flock to once the weather heats up.

But for Chippewas of Saugeen First Nation, that shoreline has more importance than an area to dip in the water to cool off. Known as “Chi-Gmiinh,” a valuable fishing ground reserved for the Nation under Treaty 72, it’s an area the community has been fighting to reclaim in court since 1995, and for nearly 170 years outside of court.

“Without our people’s fundamental belief that this was always their land, this victory would not have been possible,” said Ritchie, who acknowledged previous leadership, including former chief Lester Anoquot, played a big role in keeping up the fight. And for the community that has been through a lot of hardship lately, including multiple deaths, “this brings in a bit of light to things that have been going on,” he said.

It’s also a step toward reconciliation, Justice Susan Vella wrote in her decision.

“To achieve reconciliation means that the status quo must sometimes change. In the process of that change some will bear the brunt. Sometimes the hardship will be borne by Indigenous Peoples and First Nations, and sometimes it will be borne by non-Indigenous Canadians,” the decision reads.

“However, in this case, change in the status quo is required to achieve justice and is the right step towards reconciliation.”

No third parties have any interest in that portion of Sauble Beach, judge rules

The Town of South Bruce Peninsula claimed to own that 2.5-kilometre stretch of Sauble Beach, and has been fighting the claim from Chippewas of Saugeen First Nations for decades. Despite the town’s claim, however, Vella found no third parties have any interest in that portion of the beach, and that stretch of Lake Huron “was and continues to be reserved for the sole use and benefit” of Chippewas of Saugeen First Nation.

South Bruce Peninsula mayor Garry Michi wrote in a release “this is a complex issue that requires time to formalize a position. Council understands how important this issue is to the Town and thanks all residents in advance for your patience.” The town’s council will review the decision in a closed meeting this Friday before commenting on the matter publicly.

The court also found the federal government violated the First Nations rights under Treaty 72 by failing to preserve the entirety of the reserve.

What comes next for Sauble Beach?

It’s too soon to say what comes next for Sauble Beach, said Ritchie, who noted an upcoming council meeting will focus on that topic. But for now, Chippewas of Saugeen First Nation plans to stick to the “status quo” during the upcoming summer season, and they expect the influx of beachgoers to have the same experience on the shoreline they typically do.

Chippewas of Saugeen First Nation already owns and operates another stretch of the beach’s south side that is fenced off, Ritchie said.

In the decision, Vella wrote former Chippewas of Saugeen First Nation Chief Lester Anoquot stated the beach would remain open to the public, and the Nation would work with the neighbouring municipality in “enhancing the beach to everyone’s mutual benefit.”

A second phase to the land claim is upcoming, and will deal with compensation for past losses of the land, Ritchie said. “I think (this case) can set the precedent for other Nations,” and “hopefully it helps the movement of all those land claims” held up in the courts.

More immediately, a community celebration is being planned and will be full of food, music and prayer.

“We’re still here, we still have our language, we still have our ceremony, we still have our culture,” Ritchie said. “We need to bring back that spirit of hope to our young people. It’s something they can look to instead of all the negativity.”

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