A treaty was signed. The Court found it was broken. SON is still waiting.
In 1836, the Crown asked the Saugeen Anishnaabek to share approximately 1.5 million acres of their territory south of Owen Sound. In return, the Crown promised to protect the Saugeen Peninsula for them forever.
That promise was not kept.
Nearly two centuries later, Saugeen Ojibway Nation—made up of Chippewas of Nawash Unceded First Nation and Saugeen First Nation—is still waiting for the Crown to make things right.
The Treaty
Before Canada existed, the Saugeen Anishnaabek occupied and cared for more than two million acres of land and water. Their territory, Saukiing Anishnaabekiing, includes the Saugeen Peninsula, lands extending south to Arthur and west to Goderich, and surrounding portions of Lake Huron and Georgian Bay.
In Treaty 45½, signed in 1836, SON agreed to open the southern portion of this territory to settlement. The Crown promised to protect the Saugeen Peninsula from encroachment forever.
The promise was central to the agreement. SON opened approximately 1.5 million acres of its territory to settlement by newcomers with the understanding that the Peninsula would remain protected.
Broken Treaty Promises
The Crown did not adequately protect the Peninsula from illegal settlement, trespass and timber theft.
In 1854, Crown representatives returned and sought the surrender of most of the Peninsula. SON was told that the government could and would not protect the land and that settlers would take it whether SON agreed or not.
Treaty 72 was signed later that year.
In 2021, the Ontario Superior Court found that the Crown could—and should—have done more to protect the Peninsula. The court concluded that the Crown broke its Treaty promise and breached the Honour of the Crown.
The Court also found that the Crown acted dishonourably during the events leading to Treaty 72, including by threatening that the land would be taken without SON’s consent.
The facts have been established. The treaty was broken.
SON Is Still Waiting
SON has spent more than three decades pursuing the Treaty claim through the Canadian court system.
The first phase determined that the Crown was responsible for breaking its treaty promise. The next phase will determine the remedy.
SON is seeking:
The return of appropriate lands on the Saugeen Peninsula that are owned by Canada or Ontario
Financial compensation for the harm caused by the Crown’s broken treaty.
SON has asked Canada and Ontario to negotiate a fair remedy o the breaches found by the courts. The claim nevertheless remains before the courts, with a remedy trial currently scheduled for late 2030 into early 2031.
That would mean waiting almost another decade after the court confirmed the Crown’s breach in 2021.
A treaty does not expire because it becomes inconvenient.
Your Home Is Not the Claim
Your home is not the claim. Land Back does not mean taking privately owned property.
Land Back means returning appropriate lands to Indigenous Nations and recognizing their rights, responsibilities and jurisdiction within their territories. For SON it means holding the Crown accountable for its broken Treaty promise and seeking the return of appropriate lands on the Saugeen Peninsula that are currently owned by Canada or Ontario, along with financial compensation for the harm caused.
SON’s Treaty claim does not seek privately owned homes, cottages, farms or businesses. It only seeks the return of appropriate lands owned by Canada or Ontario, and compensation from Canada and Ontario.
Sharing this fact is one of the simplest ways residents can help build a more informed conversation about the case.
Everyone Pays for Delay
The cost of delay is not limited to SON.
Lengthy litigation requires public money, government resources, legal fees and years of preparation. It prolongs uncertainty for SON, governments, municipalities, residents and industry.
SON has already waited generations for the Crown’s to honour the treaty. Continuing to delay the remedy does not erase the obligation. It only increases the time and resources required to resolve it.
A fair resolution can provide greater certainty and a stronger foundation for future relationships throughout the Territory.
Nuclear in SON Territory
The history of broken promises is connected to how decisions are made in SON territory today.
The Bruce A and Bruce B nuclear generating stations began operating between 1977 and 1987. In August 2024, Bruce Power submitted an Initial Project Description for Bruce C, a proposed new nuclear project that could add up to 4,800 megawatts of generating capacity within SON territory.
Bruce C is currently in the federal impact-assessment process. No decision to build has been made and no reactor technology has been selected.
SON has submitted more than 500 requirements identifying information needed to understand the project’s potential effects on the land, water, fish, cultural heritage, community health and SON’s rights and responsibilities.
The basic principle is straightforward:
SON must be meaningfully involved before decisions affecting its territory and future are made—not after plans have already been finalized.
Learn the Facts. Share the Facts.
Understanding the history is the first step toward changing what happens next.
- Learn about SON and Saukiing Anishnaabekiing.
- Read the history of Treaties 45½ and 72.
- Understand what the court decided in 2021.
- Correct misinformation about private property.
- Share accurate information about consent and current decisions in the territory.
Treaty obligations matter. Consent is the bare minimum. Delay costs everyone.
