Saugeen First Nation v. The Attorney General of Canada 2021 ONSC 4181

The Saugeen First Nation and the Chippewas of Nawash Unceded First Nation claim that the Crown breached their treaty rights by not protecting their lands on the Bruce Peninsula in what is now Ontario from encroachment by settlers. The trial judge agreed and also found that the honour of the Crown had been breached in negotiation of one of the plaintiffs' treaties and that the plaintiffs have continuing harvesting rights on surrendered lands not put to incompatible use. The plaintiffs also claim that they have Aboriginal title to the lakebed surrounding and south of the Bruce Peninsula. The judge dismissed this claim, finding that the test for Aboriginal title had not been met and that such a right would be incompatible with Crown sovereignty and the public right of navigation. This case is currently on appeal to the Ontario Court of Appeal.