please mr. mayor, don’t give our beach away

Please Mr. Mayor, Don’t Give Our Beach Away

Situation• 1854 treaty defined reserve 29

•160 years the northern terminus has been at main street

•SOFN claim since 1974 or earlier that part or all of beach North of Main street is part of reserve #29

•1990 lawsuit Canada vs. TSBP

•1995 lawsuit SOFN vs. TSBP and others

•Inactive many years

•2012 the 1995 lawsuit became active

•2012, 2013 Mayor and administrator negotiating with SOFN

• No Information from town: everything in “closed”

•Info from court files, archives, Saugeen Ojibway First Nation

•Rumour - beach already given away` - ”done deal”

•Rumour false - not binding - need TSBP open vote/ majority - should have public meeting

•Mayor’s July 2 press release – aim to give beach to SOFN but will make sure residents still have “access”

•Is anyone concerned?

•how do we stop the giveaway?

1. Treaty

2. The claim

3. Role of residents – change the mayor’s approach

Saugeen River

Reserve 29

Sauble River

Sauble Beach at sixth

Sauble Beach at main

Silver Lake Road

The 1854 Treaty

“we reserve all that block of land bounded on the west by a straight line running due north from The River Saugeen at the spot where it is entered by a ravine immediately to the west of the village and over which a bridge has recently been constructed to the Shores of Lake Huron –on the East by a line drawn from a spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid and running parallel thereto until it touches the aforementioned northern limits of the recently surrendered strip -….”

The 1854 Treaty

??????????????????????????????????????

1. from The River Saugeen at the spot where it is entered by a ravine immediately to the west of the village and over which a bridge has recently been constructed

2. bounded on the west by a straight line running due north.. to the Shores of Lake Huron …

3. a spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid

4. on the East by a line drawn from [the] spot upon the coast and running parallel [to the western boundary] until it touches ..

5. the aforementioned northern limits of the recently surrendered [half mile] strip -….”

1854 treaty – five elements

1854 Treaty element 1. The River Saugeen at the spot where it is entered by a ravine immediately to the west of the village and over which a bridge has recently been constructed

2. bounded on the west by a straight line running due north.. to the Shores of Lake Huron

3. A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid

3. A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid

Assume start from bottom of western boundary

Puts northern terminus “about” main street

4. on the East by a line drawn from a spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid and running parallel thereto until it touches ..

5. the aforementioned northern limits of the recently surrendered strip

3. A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid

-Wouldn’t Treaty have said “to Sauble River”?

Assume top of western boundary – sauble river

Puts Northern terminus “about” the mouth of the Sauble

4. on the East by a line drawn from a spot upon the coast running parallel [to western boundary] until it touches ..

Assume top of western boundary – sauble river

Existing east boundary or east boundary using “bottom start”

Assuming “top start” would give main street to silver lake road to TSBP; SOFN would lose strip all the way to hwy 21

4. on the East by a line drawn from [river mouth] running parallel [to western boundary] until it touches [southern boundary]..

Existing east boundary/ bottom start boundary

3. A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid

Assume top of western boundary

The treaty

Actual 1854 Rankin map

Actual 1854 Rankin map

Main St.

The Claims

1990 lawsuit claim:”That portion of the frontage on Lake Huron now known commonly as Sauble Beach is included in the land reserved from surrender by the Saugeen Band and forms part of the Saugeen Indian reserve #29.”

Treaty: “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

1995 lawsuit claim: 704 feet North of 6th; compass line

Treaty: “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

Treaty: “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2012 SOFN claim 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

9 ½ miles from a spot on the coast puts Northern Terminus at rivermouth

Assuming “top start” would give main street to silver lake road to TSBP; SOFN would lose 800 foot strip all the way to hwy 21

4. on the East by a line drawn from [river mouth] running parallel [to western boundary] until it touches [southern boundary]..

Existing east boundary/ bottom start boundary

2012 SOFN claim 2 - about 9 ½ miles of frontage along lake huron.

Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

To get 704 feet north of sixth street must misread and misrepresent the treaty.

• SOFN 1997 report claims that a Rankin map shows Northern terminus just north of sixth street

• I believe that’s a misreading

2013 Chief Khagee: “Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary.”

Treaty: “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about ine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

2012 SOFN 1. - 9 ½ miles from a spot on the coast as described in Treaty No. 72.

1855 Treaty “A spot upon the coast at a distance of about nine miles and a half from the western boundary aforesaid”

2012 SOFN 2 - about 9 ½ miles of frontage along lake huron.

2013 Khagee:“Rankin planted a post at the northeastern boundary of our reserve, roughly 9.5 miles from our territory’s Southwestern boundary. “

1990 Canada claim – all Sauble beach

1995 SOFN – 704 feet north of 6th; compass line.

Rankin Map 1854; Main street

Evidence is compelling – main street

What can residents do:

• Email council: “don’t give our beach away”

(email addresses on town website; also handout)

• Attend the town’s public meeting: “don’t give our beach away”

• Get neighbours and Friends to do the same: “don’t give our beach away”

Please don’t give our beach away