By Patricia Bernard, Chief Madawaska First Nation

My fellow Wolastoqey Chiefs and I were discouraged to read the Telegraph Journal’s editorial board commentary on October 17th urging any new government to continue to fight the Wolastoqey Nation’s title claim in court.

Although we acknowledge that the issues surrounding Aboriginal title can be complex, spreading misleading information only hurts the possibility for unity and reconciliation in this province.

There are two things we take issue with in the editorial board’s commentary: 1. stoking fear around the possibility of negotiations; and 2. the allegation that we have given “little detail” on what a successful title claim might mean.

We believe that negotiation, not litigation, is the best way to honour our rights and the interests of New Brunswick. The incoming premier has also expressed this view, 61% of polled New Brunswickers agree, and we look forward to continuing discussions with her government about how to proceed.

Insofar as details of our claim, we have been clear from the start as to what we hope to gain and what will not be impacted. We will reiterate what we have noted dozens of times to this newspaper, in the court system, and to all interested parties. The only land we are seeking returned is Crown land and those lands listed in our statement of claim that are owned by the named Industrial Defendants.

We are not and cannot seek land returned from anyone who is not specifically named in the lawsuit. This is a function of how we have structured our claim and the relief we have asked for from the court. It is also a function of how the law works. Contrary to what has been said by the previous government and alluded to in the editorial board commentary, it would not be legally possible to try to enforce a declaration of title on landowners who were not named in our lawsuit. Nor would we want to do that.

We are seeking a declaration of Aboriginal title to our entire territory (not simply to those lands that will be returned) because we want a greater say in what happens on our land. A declaration of title would restore our rights in the future management of lands in our territory and allow our communities to be able to benefit economically from our territory.

We are seeking a bigger role in large development decisions, like whether fracking should be allowed in our territory, or whether/how mines can extract resources. This doesn’t mean we want or would have a say in small things – like what citizen landowners, like cottagers or homeowners, do with their individual property.

And, although we are seeking the return of Crown land within our territory, we are not seeking to displace current leases or other registered interests, which would leave agreements like timber leases, and camp lot leases, intact. The fact that we are not trying to disturb registered interests on Crown land means that there is actually very little land that would be returned to us that we could use for our own purposes.

This is why we have named and sought returned some of the land (but not all) of the six largest land holding companies in New Brunswick. These companies have been profiting off land for decades, and in some cases were given unceded Wolastoqey land for free.

Finally, we are seeking compensation from the Crown for all the land that we will not have returned and for the loss of use of our lands and resources over all these years. We do not know the quantum of those damages yet. Some of the numbers the Higgs government has previously given are beyond any financial award ever handed down by a Canadian court. By entering into negotiations, we would be able to come to a compensation agreement for the lost use of our lands that is fair and would avoid a significant impact on New Brunswick’s economy. We don’t need to pursue this in the court system; negotiations are the best way for a predictable resolution.

Any doubters can look to the recent agreement negotiated between the Province of British Columbia and the Haida Nation. The agreement sees Aboriginal title recognized throughout all the Haida Nation’s title territory (including over private land). Just as the Wolastoqey have maintained will be the case for regular New Brunswickers here, the Haida agreement affirms that private property owners will not have their property rights impacted. The agreement also contains a process for the province and the Haida to transition certain areas of jurisdiction over time.

The Haida agreement demonstrates that a negotiated process can produce a much better outcome than simply relying on the courts, because the details can be hammered out through open dialogue. Your editorial said a new government should not negotiate our title claim because of the legal implications of title and because you say there is uncertainty in the result. If the citizens in this province share these concerns, then we would argue this is precisely why negotiations should occur. Certainty and clarity of outcome is best achieved by a negotiated resolution.

Not knowing exactly how things might change if Wolastoqey title is recognized is also not a reason to deny our rights and spend taxpayers’ money in court fighting against us. We also think a future that has First Nations involved in land and resource management decisions should not be something to be feared. If anything, our history and approach to conservation and stewardship should cause people to realize that our involvement in management decisions will likely benefit all New Brunswick.

We know New Brunswickers care about the future of this province – we do too. We have been here for millennia. It’s time people stopped fearing what recognizing Indigenous rights might mean and see this for the opportunity that it is.