What follows is a part of a facebook thread regarding the Sauble Land Claim (https://www.facebook.com/groups/1916023288690195/).
We seem to agree on a major issue. Exorbitant legal costs with no apparent benefit to the residents. Lisus legal costs were published by Ana Vukovic on this thread as $263,981.00 March 31, 2015 to August 30, 2018. Prior to that our law firm was Donneley and Murphy. I have Donneley Murphy costs 2012 to 2015 at $27,253.49. I do not have the figures prior to that.
In November 2014, Chippewa of Saugeen First Nation (“CSFN”) had a very weak case and we had a very strong defence developed. We had a very strong chance of winning the lawsuit, and a very strong chance of getting our reasonable legal fees paid by CSFN. But it seems Janice Jackson has changed all that.
In 2015 or 2016 Janice Jackson, without legitimate authority, formed a committee of herself and Jay Kirkland and made the committee responsible for all decisions regarding the land claim. Jay told me later that the “committee” never met and that Jackson alone was actually making the land claim decisions. Jackson had without authority put herself in full control, shutting out the legitimate decision maker (council) and completely shutting out the residents.
For obvious reasons I cannot get into detail, but based on what I can see, which is limited, my feeling is that as a result of Jackson’s unlawful takeover, our position has been weakened. So now I expect that there is a greater risk of losing the lawsuit, and a greater risk that we will not recover our legal costs, and a greater risk that we will have to pay some of the legal costs of CSFN. Just an opinion.
The way to fix this is to get Jackson out of the Mayor’s chair.
“While Mr. Gammie is very righteous in his undocumented analysis of the “Civil Litigation” while alleging that the Federal Government has no representative bearing in Crown controlled Reserve lands…or those subject to dispute, is ill-informed at best. While referencing my concerns as speculative, hear-say and red-herrings, I will contend that he has produced no documented evidence of his knowledge, but provides his views and opinions as fact. On one hand, I’m told I can access information and in the same breath told accounting of costs was removed (a fact of which I’m well aware).”
July 5, 2014 I presented my analysis to over 700 residents at the Sauble Community Center. My website at: http://craiggammie.com/Home.html has my July 5, 2015 presentation and about 29 other documents related to the case. I have not kept the site up to date. I plan to add the 2016 pleadings by the parties and my updated 2018 analysis and some excellent analysis conducted by David Dobson. My analysis is anything but “undocumented”.
What I said was that the Federal Government is not judging the lawsuit – the courts are.
“I was raised with an acute awareness of dishonoured Treaties.”
So was I. The treaty was not dishonoured.
”As to when I raised my concerns with the Town of South Bruce Peninsula about committing taxpayer funds, that was June 2015 when a response from Mayor Jackson told me I could get back to her in 3.5 years for a complete list of this Council’s accomplishments.
The mayor’s response, in my view, was improper, offensive and outrageous.
”You also suggest that this Land Claim has been in the Courts for 28 years…obviously without the financial involvement of the Municipality.”
The municipality has been financially involved since 1990 (as Amabel Township), albeit at a much lower level.
”And then I have this written quotation from Mayor Jackson: “Regarding the First Nations; We have not committed to full litigation. We have simply committed to discovering where we stand legally.” So…what is it exactly? The Town of SBP is fully invested in litigation or merely “discovering” a position? Who was called for Examinations for Discovery?”
The mayor is not being truthful. We can change to the settlement route if we want to but unless there is a settlement we are committed to litigation. The third alternative of just not showing up to defend ourselves is not on the table.
I am pretty sure, but not positive, that there has been no discovery yet.
“As to the argumentative dismissal of my concerns about scarce municipal resources being used to encourage massive numbers day-tripping tourists, my reference is to the use of our “free” features, while adding huge burden to SBP infrastructure…roads, waste management, enforcement, policing, etc. etc. I have heard and seen…with my own ears and eyes, the toll it is taking on the ratepayers of SBP.”
I see your point. I agree with you. Tourism is a net cost to the taxpayers.
“Perhaps asking some of the ratepayers, not personally invested in a relatively insignificant commercial assessment at Sauble Beach, if they are happy with hundreds of thousands of dollars being spent on an idea of proprietorship. …..So what do we have? An insignificant commercial tax base from which to sustain an increasing demand on services, funded almost entirely by residential taxpayers, to ensure access by tourists to a natural resource…with virtually no cost-benefit.”
Please explain. Are you saying the $263,981.00 was spent on “proprietorship? Are you saying the $263,981.00 was spent to ensure access by tourists?
“I will do my due-diligence in finding fact based information regarding the First Nations filing of a suit, which is not forthcoming from the Town of South Bruce Peninsula. Instead we are asked to “believe” the assertions as described above.”
It seems you do not believe what Janice Jackson says. I don’t either.
“The first order of business is to determine if SON (Saugeen Ojibway Nation) or SFN (Saugeen First Nation) are the claimants.”
The 2016 Plaintiff’s claim says “CHIPPEWAS OF SAUGEEN FIRST NATION”:
The town’s latest pleading:
That takes care of the first order of business. On to the second. Get Janice Jackson out of the mayor’s chair. October 22, 2018.