Ontario's top court dismisses town's appeal over ruling that Sauble Beach belongs to First Nation

The province's top court has upheld a lower court's ruling that a strip of Sauble Beach, a popular Ontario tourist spot, has always belonged to a local First Nation.

In a 121-page decision on Monday, the Ontario Court of Appeal dismissed appeals brought by the Municipality of South Bruce Peninsula, the Ontario government, and several local families to the April 2023 ruling by Superior Court Justice Susan Vella.

In her 2023 decision, Vella ruled that "Chi-Cmiinh," a roughly two-kilometre strip of beach at the northern end of Saugeen Reserve No. 29, had always belonged to Chippewas of Saugeen First Nation, and that the federal government breached its treaty rights.

"No third parties have any interest in Chi-Gmiinh, also known as the reserve portion of Sauble Beach," Vella wrote.

The Crown, Vella wrote, failed to protect and preserve the treaty it signed in 1854, Treaty 72, in which the First Nation and neighbouring Chippewas of Nawash surrendered Saugeen Peninsula, excluding five reserve territories. One would become Reserve No. 29.

In 1856, the Crown surveyed the land improperly, Vella ruled. As a result, roughly 2.2 kilometres of land promised under the treaty was removed from the reserve. Today, the land covers an area west of Lakeshore Boulevard from Main Street and 7th Street North.

She also determined that, upon Confederation in 1867, the federal government assumed the Imperial Crown's liabilities when it came to the protection and preservation of reserve lands.

The town, province, and landowners appealed, asking the judgment be set aside and the First Nation's action against them be dismissed. 

Officials with South Bruce Peninsula said they were disappointed by the decision, but "respect the judicial process and remain committed to acting in the best interests of our community."

"A thorough review of the decision will be conducted, and Council will convene to discuss its implications and determine the appropriate next steps in the coming days," a statement from the town reads.

CBC News contacted Saugeen and the province for comment, but did not receive a response by publication.

The province's appeal centred around the interpretation of Treaty 72, including that Vella made "factual errors" assessing the historical and cultural context relevant to its interpretation, the Court of Appeal ruling says.

The appeal brought by South Bruce Peninsula and the families argued Vella erred by granting judgment on an "unpleaded theory" that would move the eastern boundary further east, impacting landowners who weren't involved in the litigation.

Both appeals were dismissed.