New Brunswick’s highest court has limited the extent of a significant land claim by the Wolastoqey Nation, ruling out any ownership claim over private lands held by three major forestry companies. The New Brunswick Court of Appeal specified that the Wolastoqey can pursue their case against the Crown solely for damages and compensation related to the loss of these now privately-owned lands.
Former chief justice Ernest Drapeau, in a decision released recently, aimed to facilitate a more straightforward path toward peaceful reconciliation between Indigenous and non-Indigenous Canadians in the province. The ruling draws a distinction between a declaration of Aboriginal title, which implies present-day ownership, and a recognition of Aboriginal title, signifying that the Wolastoqey never relinquished ownership and are entitled to compensation.
Drapeau emphasized the importance of differentiating between these two concepts, stating that a finding of Aboriginal title does not automatically result in a declaration of such title. He highlighted that a finding would initiate negotiations for compensation.
Expressing disappointment with the ruling, Wolastoqey chiefs announced their intention to appeal to the Supreme Court of Canada. They contested the characterization of their claim and the interpretation of the decision under appeal. The New Brunswick government remained neutral in the appeal process.
Attorney General Rob McKee expressed hope for a swift resolution of the title claim through negotiations rather than prolonged litigation. In a bid to achieve peaceful reconciliation between Aboriginal and non-Aboriginal Canadians in New Brunswick, the court’s ruling sought to clarify the legal landscape regarding land ownership disputes involving Indigenous communities and private entities.
In 2021, the Wolastoqey expanded their existing Aboriginal title claim to include private industrial landowners in their dispute against the federal and provincial governments. They asserted that the land was never surrendered to the Crown, which subsequently transferred ownership to private entities without their consent. Notably, three major forestry companies sought to exclude the forest land they own from the legal proceedings.
A lower court ruling favored the exclusion of private companies from the claim, emphasizing the Crown’s obligation to respect Aboriginal title. However, it did not prevent the Wolastoqey from pursuing a declaration of title over the companies’ land. The companies appealed against this decision, arguing that their rights to procedural fairness would be compromised if they were not involved in the legal proceedings.
Drapeau upheld the companies’ appeal, noting that they were not involved in the initial land transfer and that pursuing a declaration of title against them would likely not succeed. J.D. Irving Ltd., the largest among the appellants and owner of a substantial land area within the claim region, refrained from commenting on the ruling.
The court’s stance on the coexistence of Aboriginal title and private ownership diverges from a recent ruling in British Columbia, where both interests were recognized on the same land. Drapeau stressed the need to balance Indigenous and non-Indigenous interests, citing guidance from the Supreme Court of Canada. He cautioned against granting exclusive possession of the land to the Wolastoqey, emphasizing the importance of reconciliation with non-Indigenous Canadians’ interests.