Back in Band's Hands

I wanted to share this article from The Owen Sound Sun Times from Wednesday, May 31, 2006. This article tells a lot about how this land claim was conducted during the mediation stage. I have reprinted the contents of the story for your information.

A mediation meeting in Toronto today is expected to confirm the Saugeen First Nation owns a large chunk of North Sauble Beach.

The Pending land claim agreement between the band and the provincial and federal government will acknowledge Saugeen First Nation as the original owners of part of the popular beach.

Meetings so far have confirmed the band owns from the main beach entrance north to a Rankin survey marker showing the original northeast boundary of the reserve. It’s near Seventh Avenue, about one-third of the distance from downtown to the mouth of the Sauble River at Chief’s Point.

The band, which already owns South Sauble Beach, would also receive $12 million – with the federal government and the province each paying half – Dan Murphy, the Town of South Bruce Peninsula’s lawyer, confirmed Tuesday.

The band will guarantee perpetual public access and will permit a long list of existing uses. It has also agreed to follow current zoning regulations and other bylaws, Murphy said.

The agreement affects only the beach from Lakeshore Boulevard to the water and will not have an impact on cottage and home owners, he said.

“The significance is the beach remains a public beach. That’s really important to the township. The reason for the payment is the Indian band forever has been prevented from using that beach. We’ve said they didn’t own it,” Murphy said.

South Bruce Peninsula Mayor Carl Noble said Tuesday he resents the municipality being left out of negotiations which could have a major impact on residents. He said he also resents that kind of government money going to the land claim when Sauble has repeatedly been denied federal-provincial grants for sewer and water services or even permission to fund the project on its own.

“The feeling around our council table right now is there’s one set of rules for the natives and another set of rules for the non-natives and that’s not a good feeling,” Noble said.

He added he has yet to see details of the deal, which he first heard about two weeks ago.

Murphy is expected to fully brief council next Monday at 2 p.m.

“If we have free and clear use of the beach as we’ve always had, then I guess I don’t have a problem with it,” the mayor said.

But if the First Nation restricts or denies use or access and residents who have built expensive homes along Lakeshore Boulevard demand property assessment reductions as a result, it could have a huge financial impact on the community, Noble said.

The land claim agreement springs from a late 1980s precedent involving Grand Bend, when the court determined governments do not own shorelines in southern Ontario, Murphy said.

Until then it was assumed the Ontario Ministry of Natural Resources owned Ontario beaches.

“The situation here is townships never did own the beaches, the minster of natural resources now doesn’t own it, so it’s owned by the original landowners,” Murphy said. “In this case it’s the (Saugeen) band.”

The mediation today in Toronto is expected to finalize the extent of Saugeen’s ownership of the beach for an agreement which could be formally in place within weeks, Murphy said.

“That’s what this mediation is all about. I think it’s basically resolved. I think they acknowledge that the band probably – I’ll use the word probably – probably owns the beach.”

Saugeen Chief Vern Roote was unavailable Tuesday for comment. He confirmed several days ago a proposal was in the works but declined comment at the time.

A spokesperson for the Department of Indian and Northern Affairs said no one was available to comment Tuesday.

Tuesday’s developments followed expressions of worry and anger about a land claim agreement and a lack of information at the South Bruce Peninsula council meeting Monday night.

Joe Szewczyk, part owner of a company that owns land on Lakeshore Boulevard, attended one of the mediation meetings. He spoke in general terms about recent developments but noted at one point during his remarks to council that “it’s possible we’re going to lose the beach.”

He asked council why they weren’t doing more to fight it and spoke about the possible consequences.

For some councilors, it was the first time they had heard of such talks taking place.

Coun. Mark Wunderlich, elected in the ward that includes Sauble Beach, was angered by what he heard. “This stinks. This smells like fish, like the native fishing agreement,” Wunderlich said.

“We find out later that it’s all said and done. It’s been an ongoing concern for years and years and years and then all-of-a-sudden Ka-bang,” he said in an interview following the meeting.

Coun. John Close also said he had “no knowledge of a settlement or agreement or anything.”

During Monday’s meeting, Noble occasionally spoke as if it was a done deal. He said things like “all of a sudden it’s going to be yanked from under us” and “I know a lot of people are going to be affected by this.”

After the meeting, Noble was asked why he, as the mayor, hadn’t been at the mediation meetings. He said he was advised by the town’s solicitor that it was set up only for the federal and provincial governments and lawyers.

“I did ask to go, but I was advised that it wasn’t necessary that I be there.”

With files from Denis Langlois

This is how easy things can be made to happen within the mediation process. Other evidence discussed at mediation is never revealed only what supports the Saugeen claim. Think of all the things you now know and how easily the beach was to be given away by the following explanation:

Meetings so far have confirmed the band owns from the main beach entrance north to a Rankin survey marker showing the original northeast boundary of the reserve.

Think of all the evidence that has been produced since February, 2006 until now that points to the conclusion that the above statement is untrue. Still, the beach was to be handed to the Saugeen Band without a word of contention because that is how mediation works. 

What also begs the question is just what was going on in council at this time? Mayor Noble insists that he and the rest of council had no knowledge of an agreement being made. Coun. John Close also said he had “no knowledge of a settlement or agreement or anything.” So, he is either putting one over on us or there was very little interest in the proceedings or outcome of the land claim from councils point of view in 2006. How could they have ignored what was going on or not at least asked to be briefed by their lawyer on a regular basis to keep them up-to-date? 

And what about the Town lawyer Dan Murphy? What was his angle? Why would he tell Close not to come to a mediation meeting that was about to resolve the dispute and turn the beach over to the Saugeen Band to which Close had no knowledge? Why would he tell him that it was set up for only the provincial and federal government and the lawyers? He said he was advised by the town’s solicitor that it was set up only for the federal and provincial governments and lawyers. I was in attendance at day 2 of the mediation meeting. I am not part of the federal or provincial government, nor am I a lawyer and I was told to be there.

At the time of this particular mediation, it was my feeling many times that there was a hidden agenda between the government and the lawyers that the clients were not privy to. I am sure that this would be quickly denied, but there was a whole previous day to the mediation that I was not invited to. A day in which important information was revealed. Come to think of it now, I would have like to have seen that presentation. Maybe asked a question or two. 

Murphy then goes on to say this:

The land claim agreement springs from a late 1980s precedent involving Grand Bend, when the court determined governments do not own shorelines in southern Ontario, Murphy said.

Until then it was assumed the Ontario Ministry of Natural Resources owned Ontario beaches.

“The situation here is townships never did own the beaches, the minster of natural resources now doesn’t own it, so it’s owned by the original landowners,” Murphy said. “In this case it’s the (Saugeen) band.”

Where does he get this from? The shoreline, at the time of surrender was controlled by Indian Affairs acting as broker for the Saugeen band. It was them who sold off the shoreline through Indian agents as part of lots that were patented to private landowners. Remember, there was no shoreline or road allowance established at Sauble Beach. These lots, sold as Crown Patents by Indian Affairs, extended to the water's edge. From my understanding, the Town later purchased parts of these lots back in the 1960's and 70's which included the shoreline of certain parcels of land. That is how I and my dad before me came to be owner of our particular lot as well.

Murphy's statement also doesn't make sense from the point of view that mid lot 31 to the Sauble River is also part of the beach. Why is this not included as part of the land claim if it's all about governments not owning shorelines in Southern Ontario?

As usual, Indian and Northern Affairs Canada has no comment.

Revisiting this article 11 years later sends shivers down my spine and leaves the taste of bile in my mouth.