The appellants appealed a trial judgment declaring that approximately 1.4 miles of coastline (the Disputed Beach) forms part of the Saugeen Indian Reserve No. 29 under Treaty 72 of 1854.
The trial judge found that the Crown breached its fiduciary duty and acted dishonourably when a surveyor improperly excluded the beach from the reserve boundaries.
The Court of Appeal dismissed the appeals, finding no errors in the trial judge's application of treaty interpretation principles or her assessment of the historical record.
The Court also upheld the trial judge's decision to deny the bona fide purchaser for value defence to private landowners, prioritizing the First Nation's constitutionally protected treaty rights.
A cross-appeal by Canada regarding the allocation of pre-Confederation liability was allowed and referred to the next phase of the trial.
