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The email went on to say the policy needed to be rescinded and an appropriate apology made.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
NEW From yearning for a change to cost of living, why some Canadians have left or may leave the country
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
NEW Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
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 man frustrated after $3,500 paving job leaves driveway in shambles
An Ontario man considering having his driveway paved received a quote from a company for $7,000, but then, another paver in the neighbourhood knocked on his door and offered half that rate.
Florida deputies who fatally shot U.S. airman burst into wrong apartment, attorney says
Deputies responding to a disturbance call at a Florida apartment complex burst into the wrong unit and fatally shot a Black U.S. Air Force airman who was home alone when they saw he was armed with a gun, an attorney for the man's family said Wednesday.
Air Canada ranks near bottom on customer satisfaction: survey
Air Canada ranks below most other major North American airlines on customer satisfaction, with airfares a particular sore point, according to a new survey.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.