Private industrial forest land in New Brunswick will not be included in an ownership claim by Wolastoqey First Nations after the Supreme Court of Canada rejected an application to hear the case. This decision upholds the New Brunswick Court of Appeal’s ruling from last December as the final judgment on the matter.
The title claim case can move forward, but the First Nations will only be able to seek damages and compensation for the loss of their traditional lands, without asserting ongoing ownership. The distinction between a finding of Aboriginal title and a judicial declaration of Aboriginal title was emphasized in the previous ruling by the New Brunswick Court of Appeal.
Former chief justice Ernest Drapeau, in last year’s decision, aimed to facilitate peaceful reconciliation between Aboriginal and non-Aboriginal Canadians in the province. He stressed the need to balance Indigenous and non-Indigenous interests, as outlined in the 2014 Tŝilhqot’in decision by the Supreme Court of Canada.
The Wolastoqey Nation’s chiefs expressed determination in pursuing their title claim despite the Supreme Court’s refusal to hear the case. Chief Patricia Bernard of Madawaska Maliseet First Nation highlighted the ongoing fight for their homeland and emphasized the need for clarity on whether Aboriginal title can be recognized concerning privately held lands.
The exclusion of private forest land from the Wolastoqey title claim case was supported by three major forestry companies, including J.D. Irving Ltd. The companies argued that they were not involved in the initial acquisition of unceded land and contended that a legal bid for a declaration of title would not be successful.
The ruling by Drapeau raised questions about the co-existence of Aboriginal title alongside private property ownership, particularly in comparison to a recent title claim ruling in British Columbia. Green Party Leader David Coon highlighted the need for consistent legal interpretations across regions.
The Supreme Court’s decision not to provide reasons for declining the case leaves uncertainties about future legal actions in similar cases. The Wolastoqey First Nations continue to advocate for meaningful consultation on decisions regarding their land and vow to advance their title claim despite the recent setback.
The provincial government of New Brunswick, not directly involved in the title claim case, has expressed a preference for negotiating a settlement rather than engaging in prolonged legal battles.