A New Brunswick court has found that First Nations can seek title to vast areas of privately owned land in the province, but to do so they have to go through the Crown rather than the companies that own it.
The Nov. 14 decision by Justice Kathryn Gregory of the Court of King’s Bench is in connection with a lawsuit launched in 2021 by six Wolastoqey Nations seeking a declaration of Aboriginal title over more than 50 per cent of the land in the province.
The land in question includes areas held by major timber and oil companies, but Gregory’s decision removes the seven industrial defendants from the lawsuit and says only the Crown — represented by the federal and provincial governments — has a direct legal relationship with the Wolastoqey.
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This week, New Brunswick Attorney General Rob McKee called the decision a “helpful” reminder that Aboriginal title is primarily about reconciliation and said title claims are best discussed at the negotiation table versus a courtroom.
He said he has instructed provincial government lawyers in cases involving Aboriginal title or treaty rights to seek consent from First Nations to pause litigation while pursuing a negotiated settlement of all claims.
Chief Allan Polchies of St. Mary’s First Nation said he hopes the newly elected Liberal government will stand by its campaign promises and immediately begin discussions.
This report by The Canadian Press was first published Nov. 20, 2024.
