Wolastoqey chiefs claim ‘enormous victory’ in title claim against province

A New Brunswick judge has ruled that Aboriginal title can be declared over privately owned land, even if Indigenous groups are not seeking to reclaim it directly. Justice Kathryn Gregory’s decision, issued by the Court of King’s Bench, emphasizes that landowners cannot be sued for land return; instead, the case is against the Crown. This ruling stems from a 2021 lawsuit by the Wolastoqey Nation, asserting title over more than half of New Brunswick. They claim that they never ceded title to their land through 18th-century Peace and Friendship Treaties. However, the Wolastoqey are not seeking to reclaim land from private owners but focus on Crown and industrial lands.

The lawsuit targets roughly 5,000 undeveloped properties. Gregory’s ruling has national significance, as it suggests that Aboriginal title may apply to privately owned lands, shifting the responsibility for land negotiations to the Crown. The decision could lead to land expropriation by the Crown to return land to Indigenous groups. The Wolastoqey chiefs remain hopeful about their relationship with the new provincial government, which is open to dialogue, although it has not yet committed to granting full title over the land.