The Saugeen Ojibway Nation says it will fight a federal government effort to prevent the return of Crown-owned land from being considered as part of a decades-old treaty claim.
The claim, filed against Canada and Ontario in 1994, involves Saugeen First Nation and the Chippewas of Nawash Unceded First Nation.
The First Nations won the first phase of the case, with the court finding the Crown breached its obligations connected to Treaty 45 1/2 and failed to protect the Saugeen Peninsula from squatting and encroachment.
The second phase will determine what remedies should follow those breaches.
"In this next phase, we are seeking two main things: (1) the return of lands on Saugeen Peninsula that are owned by Canada or Ontario; and (2) compensation," a joint update from the Chiefs and Councils said.
The Nations stressed the claim does not target privately owned property.
"We are not seeking the return of any lands that are owned by private individuals," the statement said.
However, Canada has brought a motion arguing that returning land should not be available as a remedy in the case.
SON says it has directed its lawyers to oppose that motion.
"For our people, the Treaty Claim has always been about protecting our relationship with our lands and waters," the statement said. "A land back remedy would best repair the harm caused by the Crown's broken promise in Treaty 45 1/2 to protect the Saugeen Peninsula for us forever."
The motion is scheduled to be heard October 2 in Toronto.
If the case proceeds to the remedies phase as scheduled, a trial is expected in late 2030 or early 2031.
