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Wolastoqey Response – Court of Appeal Decision

December 11, 2025

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Today, the Court of Appeal of New Brunswick (NBCA) released a disappointing decision in J.D. Irving, Limited et al. v. Wolastoqey Nation, 2025 NBCA 129.
For the Wolastoqey Nation, this case has always been about affirming our unique relationship to our traditional territory. In this case, we have sought:

  • a declaration recognizing Aboriginal title over our entire territory, including over fee simple parcels;
  • the return of certain land to us, including specifically identified fee simple parcels owned by certain industrial companies; and
  • compensation from the Crown.

On appeal, the NBCA categorically denied the Wolastoqey Nation the ability to seek a declaration of Aboriginal title over any lands held in fee simple. The Wolastoqey Nation is deeply disappointed by this decision, including its mischaracterization of our claim and its interpretation of the decision being appealed from.

We have instructed our lawyers to seek leave to appeal to the Supreme Court of Canada.