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More shoreline land added to Bruce Peninsula National Park
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SON to discuss next steps following title, treaty claim decisions
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More shoreline land added to Bruce Peninsula National Park
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Last Updated: Jul 29, 2021 | 6:40 PM
Map Showing Area SON Sought Title To
The Ontario Superior Court has released its decision in two longstanding treaty and title claims by the Saugeen Ojibway Nation (SON).
On Thursday (July 29) Justice Wendy Matheson found in the Title Claim, SON did not meet the test set out by Canadian law for Aboriginal title to the claimed areas in Lake Huron and Georgian Bay.
A release from SON’s Environment Office says this is the first time the matter of Aboriginal title to waters was decided by a court in Canada.
SON explains, “Aboriginal title, in Canadian law, is an Indigenous land right that is recognized and protected by section 35 of the Constitution Act, 1982. The prevailing test calls for evidence about exclusive and sufficient use at the time that the British Crown asserted sovereignty. In this case, that date was 1763.”
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TC Energy proposes to pump water from Georgian Bay at night when energy demand is lower, then release it through power-generating turbines by day when demand for electricity is higher by 2028 if all goes to plan.
TC Energy approached DND in 2017 for permission to start feasibility studies. The next phase of the project includes provincial and federal environmental and impact assessments.
“Advancement of the project remains subject to a number of conditions, including approval of the company’s board of directors, regulatory approvals, and assurances that the project would not impact military activities and training,” a TC Energy release said.