New Brunswick premier faces growing backlash to land acknowledgment policy
New Brunswick Premier Blaine Higgs is facing a growing backlash to his government's new policy on Indigenous land acknowledgments, and some of the opposition has come from within his own cabinet.
A leaked series of emails reveals Education Minister Dominic Cardy and Transportation Minister Jill Green wrote to the premier on Oct. 15 complaining that the new policy is causing unnecessary conflict and "creates the impression of a government intentionally reinforcing racist behaviour."
The policy, announced just a day earlier by Attorney General Hugh Flemming, forbids government employees from making territorial or title acknowledgments in reference to Indigenous lands.
It has become common across Canada for politicians and others to begin events by stating they are standing on unceded territories of various Indigenous Peoples.
The new policy in New Brunswick says employees can make reference to ancestral territory but not use terms like "unceded" and "unsurrendered."
Flemming has cited a land title claim, filed last year by the province's Wolastoqey chiefs, as the reason for the new policy. But Green and Cardy took exception and said the policy did nothing to reduce tensions around the First Nations file.
"This memo is the furthest thing from a sensitive approach to a delicate issue," they wrote. "Actions like this make it impossible to talk with our First Nations constituents from a position of respect."
The email went on to say the policy needed to be rescinded and an appropriate apology made. However, the two ministers were called to a meeting later that day with the premier, and a subsequent email described the meeting as "productive."
Cardy was not made available for an interview Tuesday. Higgs said Tuesday both ministers have apologized for sending the email. He said a caucus meeting was held Oct. 19 to discuss Indigenous issues in the province.
Aboriginal Affairs Minister Arlene Dunn issued a memo after that meeting, saying her department has been doing a complete review of all initiatives with First Nations to ensure the province is meeting its obligations, and that meetings with First Nations would be scheduled once that is complete.
But Madawaska Maliseet First Nation Chief Patricia Bernard said Dunn's work has included no consultation. "They are talking and doing things about us, without us," Bernard said in an interview Tuesday.
Bernard applauded the two cabinet ministers for speaking out, and agreed the government's behaviour appears racist. "These ministers within their own (Progressive Conservative) caucus, they see it, and they're shocked. It appears somewhat vindictive," she said.
Bernard called on the premier to apologize, but Higgs said he has nothing to apologize for.
"We are being sued as a province. We didn't start this lawsuit," Higgs said in an interview, referring to the Wolastoqey court action. "We are in court being challenged with an unprecedented case of 60 per cent of our land being challenged for ownership. We had to be clear on the government's position."
Naiomi Metallic, an assistant law professor at Dalhousie University, said the province's policy to cease some aspects of land acknowledgments makes little sense because it wouldn't be relevant to courts.
"It has no legal significance," she said in an interview Tuesday. "The legal test doesn't include any aspect of acquiescence by settlers as part of the question of whether there is Aboriginal title or not."
Metallic said the Supreme Court of Canada has made clear the original treaties with Indigenous Peoples in the region didn't include any land surrender.
She said the test for Aboriginal title revolves around issues such as whether the Indigenous group can provide evidence they occupied the land prior to the Crown taking possession of it, as well as whether there's been continuity of Indigenous occupation of lands, both before and after the arrival of settlers.
She said the only importance of land acknowledgment statements is as an act of reconciliation towards Indigenous Peoples.
"They show another group of people respect. They're significant for that. But they won't sway whether a court finds Wolastoqey has legal title, either way," Metallic said.
This report by The Canadian Press was first published Oct. 26, 2021.
-- With files from Michael Tutton in Halifax
CTVNews.ca Top Stories
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
'Summer of discontent': Federal unions vow to fight new 3-day a week office mandate
Federal unions are launching legal challenges and encouraging public sector workers to file "tens of thousands" of grievances over the new mandate requiring federal workers to return to the office at least three days a week in the fall.
Watch fighter jet pilots pummel fake enemy ship off coast of Philippines
The United States and Philippines held annual joint-training drills just off the Southeast Asian nation’s western coast on Wednesday. Military forces sunk a 'mock' enemy warship – the BRP Lake Caliraya, which was a decommissioned tanker made in China.
'Ozempic babies': Reports of surprise pregnancies raise new questions about weight loss drugs
Numerous women have shared stories of 'Ozempic babies' on social media. But the joy some experience in discovering pregnancies may come with anxiety about the unknowns.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
'I killed four people': Trial hears video evidence of Jeremy Skibicki at Winnipeg trial
“I killed four people,” alleged serial killer Jeremy Skibicki told two homicide detectives during a recorded interview played as evidence in his trial Wednesday.
AstraZeneca says it will withdraw COVID-19 vaccine globally as demand dips
AstraZeneca said on Tuesday it had initiated the worldwide withdrawal of its COVID-19 vaccine due to a 'surplus of available updated vaccines' since the pandemic.
Seafood, eat food: Calgary Stampede releases Midway menu
The Calgary Stampede has released its menu of sweet, salty and spicy treats available on the Midway for the Greatest Outdoor Show on Earth.