Planned work to cut back some sand dunes on Lakeshore Boulevard in Sauble Beach has been temporarily halted after Eco Justice sent the Town a letter saying it planned to seek a court injunction against the work.
The Town had intended to start work this month to cut back some dunes that had overtaken space that’s normally used for beach parking.
Today, Saugeen Ojibway Nation’s (SON) Environment Office says while the hold on the project is a ‘win,’ they feel the Town should not be doing work there without the consent of SON.
The question of who should hold title of the beach from Main Street to 6th Street North is currently the subject of a boundary claim that is before the courts.
A statement released by SON today says, “The Mayor and the Town continue to outright deny their obligations to consult SFN and SON.”
A statement from Mayor Janice Jackson says they have decided to stop the work until the spring, and explains, “Our legal team strongly advised us to carry on with this project as we have no legal obligation to consult and that doing so would be precedent-setting and potentially cause harm to our land claim litigation. We have always desired to be good neighbours; however, we must follow our legal advice, protect our community and execute this safety work.”
The full Saugeen Ojibway Nation Environment Office statement is posted below followed by a statement by Mayor Janice Jackson
“SAUKIING ANISHNAABEKIING – On November 24, 2020, the Saugeen Ojibway Nation (SON) Environment Office was informed of works proposed by the Town of South Bruce Peninsula along Lakeshore Blvd from Crowd Inn to Kinloss Lane in Sauble Beach, SON Territory. South Bruce Peninsula approved works to: cut back dune sand, install a concrete block retaining wall, contour the dune from wall to peak, and remove trees and vegetation along 469 m of Lakeshore Blvd. This work is intended by South Bruce Peninsula to address pedestrian safety due to parking congestion along this stretch of road in the summer months.
The area in question includes the waterfront from Lot 25 to the middle of Lot 31, and this location is, and always has been, part of Saugeen First Nation (SFN) #29. The town is well aware of this fact. The Government of Canada has previously advised project proponents that no activities can occur on this land unless you have obtained the consent of Saugeen First Nation to proceed. Any undertaking on this portion of Saugeen’s reserve land without consent is unlawful and is trespassing. South Bruce Peninsula’s claim that they hold title to this portion of Saugeen’s reserve is subject to ongoing litigation filed against South Bruce Peninsula jointly by Saugeen First Nation and the Government of Canada. This matter is expected to proceed to trial next year.
“Between November 24 and December 3, 2020, SFN and Environment Office representatives completed visits to the site, and SFN Leadership engaged in good faith discussions with South Bruce Peninsula representatives. SFN proposed a reasonable consultation process regarding the proposed works. At the time, South Bruce Peninsula agreed to stop work and consider a consultation proposal from SFN. However, four days later on December 7, the Town unanimously passed a motion to proceed with the proposed works as soon as possible, with no regard for the good faith discussions and verbal agreements they made with SFN just days earlier.
“To add insult to injustice — Mayor Jackson announced on the morning of December 8 that the project would be suspended due to a court injunction from environmental law charity EcoJustice. While the temporary stop to the project is a win — the Mayor and the Town continue to outright deny their obligations to consult SFN and SON. We will continue to take actions to ensure consultation with SFN is completed and consent is established before the project proceeds.
“This is a matter of principle, respect and jurisdiction. The lands in question are part of Saugeen First Nation, and while that is not accepted by the South Bruce Peninsula Town Council, it is simply fact. Saugeen and the Government of Canada agree on this and will be taking the Town to court to settle,” said Saugeen First Nation Chief Lester Anoquot.
“We proposed a reasonable process to work towards consent on this project and, without even reviewing the consultation plan, the town has unanimously decided to go ahead without our consent, without any consultation and without an opportunity for our staff to analyze the information and make informed recommendations that would resolve the issues at hand (parking and safety) and minimize to the greatest extend possible, any impacts to the environment.”
At this point, the Town has made it clear it will not consult with SFN in regards to activities occurring within SFN #29 and have still not provided any formal notice or correspondence to SFN or the Environment Office.”
South Bruce Peninsula Mayor Janice Jackson posted on Facebook Tuesday, December 8th, the following:
“Yesterday (Dec 7th) Council resolved to move forward with the roadside safety work on Lakeshore Blvd. in Sauble Beach. Maintaining a safe parking width on Lakeshore has been undertaken by our Public Works staff each year, until just 3 years ago.
In that short period of time, vegetation has encroached upon the shoulder of Lakeshore reducing the ability for most vehicles to safely park far enough off the road. Years ago, we suffered the tragic death of a 5-year-old boy due to dangerous conditions like this and we do not want that to ever be repeated.
With the closure of the First Nations beach parking, we have had to accommodate hundreds of additional cars daily. We have created extra parking throughout Sauble Beach however Lakeshore Blvd is the preferred area.
Staff and Council have debated many different options including one-way traffic and parallel parking however increasing the shoulder width of Lakeshore is the safest, most logical and least of a departure from what residents and visitors are accustomed to.
This process began this past August when we worked to obtain support and permits for this project.
At the expense of our taxpayers, we were required to hire a Biologist to determine if there would be any negative impacts on the dunes as a result of this work. At the expense of our taxpayers we had to hire an engineering firm to design the low retaining wall in a way that it too would not harm the dunes, keep the vegetation from further encroaching on the shoulder of the road and would stand up over time.
After lengthy collaboration with the Ministry of Environment, Conservation and Parks (MECP) and the Grey Sauble Conservation Authority, we were given the green light to move forward. We didn’t expect the Saugeen Ojibway Nation (SON) to demand consultation, as we have never previously consulted them on roadside work on Lakeshore Boulevard. We were advised that the cost of consultation to our taxpayers would be between $6,000.00 to $10,000.00 with no guarantee they would approve our work.
SON has cited the land claim as the reason we must consult. Our legal team strongly advised us to carry on with this project as we have no legal obligation to consult and that doing so would be precedent-setting and potentially cause harm to our land claim litigation. We have always desired to be good neighbours; however, we must follow our legal advice, protect our community and execute this safety work.
Following yesterday’s Council decision, our legal team received a letter from Eco Justice (lawyer for environmental groups) advising they intend to seek a Court injunction to stop us as they have objections to our safety work. We will step back, address their concerns and sort this out with the goal of completing this work in the Spring, before tourist season is upon us.”
