Beach returned to First Nation after 170 years following Canada legal battle | Canada
170 years after being taken off the reserve by accidentally, he will return to a first nation in Canada. The land sandy lane is more than two miles, but still led to a major war, claiming that a nearby town is a preface for property rights in the country.
The Supreme Court of Canada said on Thursday that the South Bruce Peninsula, who objected to the decision of a lower court’s reserve that the reserve of the Saugeen First Country was wrong than promised, would not be a challenge from the town of South Bruce Peninsula.
In his application to the highest court of the country, the town warned that a victory for the first nation will face the risk of sowing uncertainty and unpredictable in the center of Canada’s private land holding system ”. Instead of the lawyers of the first nation, the case is the right interpretation of an agreement and the limits of the first nations reserve within the scope of this agreement.
In the center of the fight, a popular beach with tourists who travel 140 miles from Toronto in the summer months to enjoy the light blue waters of Lake Huron.
Saugeen First Nation has claimed that the official map of his reserves for decades has been misrepresented by a 1.5 -mile beach promised under the Crown and 1854 Treaty.
In 2014, after the first nation, a ceasefire looked and acknowledged that Saugeen would hold titles on the land and that the beach would be ruled by the Saugeen and the Municipal Assembly. Federal and state governments also promised the municipality to pay $ 5 million ($ 3.6 million) to balance some of the beach costs.
However, during the municipal elections that year, the mayor candidates promised to break the agreement, pushed the land allegations to the courts – and later cost the community for millions of legal wages.
Two years ago, the first Ulus Muzaffer appeared and their victory was approved at the Ontario Court of Appeals. Earlier this year, the big sign that invited visitors to the Sauble Beach was changed to Saugeen Beach – “IMPORTANT AND long time more breeding action” By the first nation.
For the municipal and private landowners, lawyers framing the previous court victories as a precedent determination for Saugeen, which claimed that they lacked real estate to solve a treaty case in Canada.
“The importance of these questions cannot be exaggerated,” he says. “They strike to the heart of Canada’s constitutional order, and they will focus more and more due to the allegations of indigenous land they are moving in the courts for the next decade.”
Nuri Frame, a lawyer representing the first country, said the case was much narrower in the scope.
“We are talking about a very special, very sensitive reserve land parcel left aside for Sugeen. The crown could not properly examine and limit it in the 19th century. The language of this special treaty, the scope of this special reserve, the scope of this special reserve and the relationship between this special nation and crown, he said.
“In this country, there is a large, long -standing case -law organ that recognizes the interest of the indigenous people in the reserve territory and has a role in confidence in the protection and protection of these certain lands.
After another court decision in the Western Canada, the case comes in the midst of manually compressed on private property rights in Canada, which is called the longest trial in the history of the country.
In early August, the British Columbia Supreme Court said that the Cowichan tribes from Vancouver Island had established the title of Aborigin, and that they had a village to fish in the summer, up to 800 acres of land in the south of Vancouver.
Although the court did not decide against private landowners, the federal government in the city and the region has determined that the government was “flawed and invalid”. Although there is no loss of property to landowners, in power Started a wave of anxiety.
What makes the case uniquely and a little clear, Frame said that the first nation reserve and treaty were contrary to historical values.
“The confederation and the historical treaties entered between 1921 have promised to create only one reserve, and a formula to create a reserve, for example, how many acres per person or family, and then a surveyor goes out and pulls a map,” he said. “There are many, very few agreements that do what Sedgeen has done in Canada, which says that the reserve will go here here.”
