Fifth and Sixth Line of Fact Sheet:
- The Crown patents to Lots 26 to 31 are the underlying basis for the property rights being asserted by the defendant landowners.
- While the Crown patents to Lots 26 to 31 identify the general location of the township lots, they do not include a metes and bounds description of the lots, nor do they establish that these lots extend to the Lake Huron shoreline.
We have only looked at one map so far: the October, 1855 draft copy which is the primary piece of evidence used by INAC to support the Saugeen band's claim. It has been advertised by INAC as the "original and final map." This is a direct quote by Gary Penner printed in The Owen Sound Sun Times recorded from the presentations of 2014 to the residents of South Bruce Peninsula. I don't know how to describe this other than it is an outright lie. The map wasn't even submitted to Indian Affairs.
The following is the final map; submitted to Indian Affairs in 1856 by Charles Rankin and accepted by the Superintendent of the department:
On this map there is no notation at mid lot 31 and the north boundary of the Saugeen Reserve clearly terminates at the dividing line between lots 25 and 26. There is no extension line of the eastern boundary of the Saugeen Reserve. There are no angles or lines at Chief's Point other than the actual eastern boundary. The map is signed by Charles Rankin and is stamped number 862 by the department of Indian Affairs.
What is also unique is that the lots are shown as terminating at the waters edge. Rankin's official map never stipulated road allowances along the shore and if there was to be such stipulations they were required to be mentioned in the Crown Patents. I hold a certified copy of the Crown Patent for lot 26 and there is no mention of any encumbrances between the lot and the waters edge.
In this close-up, it is clear that the lot lines end at the waters edge. The wavy rippled lines represent the shore of Lake Huron. No one would suggest that the Saugeen Reserve doesn't go to the waters edge and it is shown in the same way as the lots.
If the lots didn't go to the waters edge, Indian Affairs was advertising that they did when they were selling them off. In the following 1910 letter from the Indian Agent in Wiarton, Ontario, he describes the northern half of lot 31 as almost worthless, but he goes on to say "It has its value from the fact that it abuts on Lake Huron and has a nice bathing beach in front thereof." The letter is addressed to Indian Affairs. This is another piece of evidence that I uncovered recently that INAC either overlooked or completely ignored.
You can see the sentence I am referring to in the 1st paragraph, last sentence. If the northern half of lot 31 abuts Lake Huron then all the rest of the lots do as well since they are all shown the same on the official map of 1856.
WEB LINK is on page 34 of 50 |
There is further evidence that proves the lots go to the waters edge, but I would like to save this information for later as it relates to another issue presented by the "fact sheet."
I invite your comments or arguments, but please, let's be respectful of one another. I understand that this is a heated debate, but derogatory remarks toward anyone are not welcome
Thank you.
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