In New Brunswick, Peace and Friendship Treaties were entered into with the Wolastoqiyik, Mi’kmaq and Peskotomuhkatiyik. These treaties encouraged peaceful relations between the parties. Their sole purpose was to end hostilities and encourage cooperation between the Crown and First Nations. They did not involve the surrender of rights to lands, waters and resources that were traditionally used or occupied. Section 35(1) of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and Treaty rights of Aboriginal peoples in Canada. The Wolastoqiyik are signatories to the Peace and Friendship Treaties and have rights recognized and affirmed by section 35(1) of the Constitution Act, 1982, including Aboriginal title. The Crown has a duty to consult and accommodate where a decision has the potential to adversely impact Aboriginal and Treaty rights, including Aboriginal title.
The Wolastoqey Nation in New Brunswick is a not-for-profit organization that represents the six Wolastoqey Communities in New Brunswick: Matawaskiye (Madawaska), Neqotkuk (Tobique), Pilick (Kingsclear), Sitansisk (Saint Mary’s), Welamukotuk (Oromocto) and Wotstak (Woodstock). The Wolastoqey Nation in New Brunswick is not the rights holder, nor the body to which the duty to consult is owed. It was formed in 2017 to help coordinate and provide technical support and advice to the Wolastoqey Communities in New Brunswick on matters that relate to Wolastoqey constitutionally protected Aboriginal and Treaty Rights.