Wolastoqey chiefs claim ‘enormous victory’ in title claim against province
A recent decision by a New Brunswick judge has set a significant precedent in Indigenous land claims, ruling that Aboriginal title can be declared over privately owned land, even if the landowners are not actively fighting to reclaim it. Justice Kathryn Gregory of the Court of King’s Bench made this ruling, stating that land owners cannot be directly sued for the return of land, as the fight is with the Crown.
In her ruling, Justice Gregory emphasized that the declaration of Aboriginal title impacts everyone, but is directed solely against the Crown. This means that private parties, including industrial defendants like Irving Oil and J.D. Irving, are not held liable for the return of land. Instead, the responsibility lies with the provincial and federal governments.
The lawsuit, launched in 2021 by the Wolasotqey Nation, asserts title to more than half of New Brunswick. The Nation claims that they never relinquished title to their territorial land when Peace and Friendship Treaties were signed with the British Crown in the 18th century. The goal of the lawsuit is to reclaim unused or undeveloped land, approximately 5,000 properties, from the Crown and industrial companies listed in the claim.
Chief Allan Polchies of Sitansisk First Nation clarified that the Nation is not seeking land back from private individuals, homeowners, or farmers. Instead, they are focused on Crown lands and properties owned by industrial companies. Having title over the entire territory would give the Wolastoqey more control over land use decisions, requiring their consent for activities like mining, fracking, or forestry.
Justice Gregory’s decision, which cited a 1997 Supreme Court decision stating “we are all here to stay,” highlights the significance of the case seeking declaration of Aboriginal title over a large portion of land in the province. While the case was dismissed against industrial defendants, their land is still subject to potential expropriation by the Crown to be returned to the Wolastoqey.
The law firm representing the Wolastoqey Nations noted that this decision has national implications, as it raises the question of whether Aboriginal title can be declared over privately owned lands across the country. The ruling shifts the burden of negotiating land claims from private companies to the Crown, emphasizing the need for reconciliation through land restitution rather than monetary compensation.
Following the decision, the Wolastoqey leaders met with Premier Susan Holt and Indigenous Affairs Minister Keith Chiasson to discuss various issues, including signing a new tax agreement with the province. The leaders expressed hope for improved relations with the new government and emphasized their preference for negotiation over litigation in resolving land claims.
Minister Chiasson acknowledged the need to rebuild trust with First Nations and expressed openness to negotiation with the Wolastoqey. While the government is not yet ready to grant title over the traditional territory, they are committed to fostering dialogue and finding mutually beneficial solutions. The attorney general’s office is currently reviewing the case to determine the next steps in addressing the implications of Justice Gregory’s ruling.
