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The email went on to say the policy needed to be rescinded and an appropriate apology made.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
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
WATCH LIVE As GC Strategies partner is admonished by MPs, RCMP confirms search warrant executed
The RCMP confirmed Wednesday it had executed a search warrant at an address registered to GC Strategies. This development comes as MPs are enacting an extraordinary, rarely used parliamentary power, summoning one of its contractors to appear before the House of Commons to be admonished publicly for failing to answer questions related to the ArriveCan app.
Disappointment widespread over budget's proposed $200-month disability benefit funding
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
Former Sask. massage therapist who sexually assaulted clients has day parole revoked
A former massage therapist who pleaded guilty to a string of sexual assaults has had his day parole revoked.