The Chippewas of Saugeen First Nation brought an action seeking a declaration that a 1.4-mile strip of Sauble Beach (the Disputed Beach) is part of their unsurrendered reserve land under Treaty 72 of 1854.
The court found that the Imperial Crown's surveyor, Charles Rankin, improperly marked the northern terminus of the reserve's eastern boundary further south than the Treaty stipulated, depriving the First Nation of the promised coastline.
The court held that the Imperial Crown and the federal Crown breached their sui generis fiduciary duties and acted inconsistently with the honour of the Crown by failing to properly survey, protect, and preserve the reserve.
The court rejected the defendants' arguments that the First Nation's claim was defeated by Crown patents, the doctrine of bona fide purchaser for value without notice, the Limitations Act, laches, dedication, or proprietary estoppel.
The court declared that the Disputed Beach remains unsurrendered reserve land for the sole use and benefit of the First Nation.
