WOLASTOQEY TERRITORY – The six Wolastoqey communities in New Brunswick have achieved an enormous victory in our Aboriginal title claim in a landmark decision from the New Brunswick Court of King’s Bench.
The Province and certain Industrial Defendants brought motions earlier this year to strike the Wolastoqey’s claim, vehemently arguing that where private lands exist, Aboriginal title simply cannot exist. The court did not agree.
In a decision released on November 14, 2024, the Court confirmed that a declaration of Aboriginal title can be issued over privately owned lands, including those lands owned by the Industrial Defendants, and held that the Wolastoqey Nation did not need to amend their title claim map. This is a precedent setting decision and marks a major advancement in Aboriginal law with implications across the country.
Although the court removed the Industrial Defendants from the action, this decision is consistent with the Wolastoqey Nation’s position that the claim should proceed in stages. The court confirmed the Aboriginal title claim should first consider whether Aboriginal title can be established over the lands claimed, regardless of whether that claim is owned privately or not. If Aboriginal title is proven, then the question turns to what remedies are owed, including whether lands owned by the Industrial Defendants should be returned to the Wolastoqey Nation.
The court repeatedly emphasized the Crown’s responsibility to engage in reconciliation with the Wolastoqey Nation. Importantly, the court confirmed this duty of reconciliation is a “legal duty, not just a moral one on the part of the Crown”. The court recognized that, in this reconciliation process, the Crown may be required to use its expropriation powers to return land currently owned by the Industrial Defendants to the Wolastoqey Nation.
The Industrial Defendants had also accused the Wolastoqey Nation of trying to abuse the Court’s process.
The Court explicitly rejected these arguments and acknowledged that the law of Aboriginal title is evolving and complex.
“We are thrilled by this decision and so happy the court put an end to the attacks on our claim” said Chief Allan Polchies of Sitansisk. “We applaud the Honourable Justice Gregory for her courageous and well written decision. “The court has been clear that the Crown needs to sit down with us to negotiate our title claim. We trust and hope that the new provincial government will stand by its campaign promises and immediately begin discussions with us.”