Testing The Waters On Aboriginal Title To Lakebeds

In Chippewas of Saugeen First Nation et al v The Attorney General of Canada et al¹, Justice Matheson of the Ontario Superior Court provides importance guidance on how an Aboriginal title claim to submerged land (lakebeds) could be advanced. Although the plaintiffs here were ultimately unsuccessful in their novel title claim, Justice Matheson left the door open to such claims to submerged lands, and provided instructive comments on how to bring them forward successfully.

In this article, we provide an overview of the novel Aboriginal title claim brought forward in this case to the lakebed of Lake Huron, and highlight some key implications of this important decision.

A novel title claim