. Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town)
In Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town) (Ont CA, 2024) the Ontario Court of Appeal considered an indigenous claim seeking damages and a declaration that "excluded coastline (the “Disputed Beach”) forms part of the Reserve, that no third parties have any interest in the Disputed Beach, and that the honour of the Crown and its fiduciary duties were breached by the wrongful demarcation of the Reserve boundaries".
The trial court cited authority on the doctrine of 'dedication', here where a defendant sought "a declaration that the Disputed Beach was subject to a public right of recreational use under the doctrine of dedication.":
[61] .... Further, following this court’s decision in Hopton v. Pamajewon (1993), 1993 CanLII 198 (ON CA), 16 O.R. (3d) 390 (C.A.), at pp. 400-1, leave to appeal refused, [1994] S.C.C.A. No. 63, the trial judge held that the doctrine of dedication cannot apply to reserve lands because of the sui generis nature of these Aboriginal rights.
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