'We can no longer sit back': Mi'gmaq First Nations look to claim more of New Brunswick

MONCTON, N.B. -

Speaking out about the fact that they never ceded the lands and waters in New Brunswick, eight Mi’gmaq communities are claiming title to most of the province and even parts of the offshore water.

“We’re formally notifying the government, the province of New Brunswick and the public, that the lands and waters here in this province, that our ancestors have used, occupied, stewarded and cared for, since time immemorial or thousands of years, still belongs to us,” said Chief Sacha Labillois of Ugpi’Ganjig First Nation.

“We can no longer sit back and be spectators in our homeland,” said Chief Rebecca Knockwood of Amlamgog First Nation in a media release.

“It’s now the time to govern lands for the protection and benefit of future generations.”

The group of First Nations is represented by Mi’gmawe’l Tplu’taqnn Inc. (MTI) and says this move is “a step towards self-determination and full recognition of our rights.”

However, the New Brunswick government says the new claim, paired with previous ones, means there are now First Nation claims against all land in the province.

“First Nations are claiming the entire Province of New Brunswick, including the majority of the Bay of Fundy and the Northumberland Strait,” said David Kelly, the communications officer for Aboriginal Affairs.

MTI says it worked with a legal team, mapping team and research team in order to determine the new title claim within the province.

“The province did say something about that First Nations are now claiming all of the province and I’d flip that around and say that it’s the province that’s claiming all the First Nations Territory,” said Derek Simon, legal counsel and negotiator for Mi’gmawe’l Tplu’taqnn Inc. (MTI).

“So this is about righting that wrong and talking about the people who have been here, as Chief Sacha said, from time immemorial.”

The group says it is only looking for the return of Crown lands and industrial freehold lands.

“Landowners in the Province of New Brunswick do not need to worry,” said Chief George Ginnish of Natoaganeg.

“We are not looking at taking your homes, cottages, or properties. Our assertion of title is against the Crown and a small number of companies using industrial freehold lands in which the Crown still asserts an interest.”

“We will be seeking compensation from the Crown for the loss of use of private lands,” he adds.

However, what that compensation might look like hasn’t been figured out yet, according to Simon.

“I don’t think we’ve formulated the dollar amount if that’s what you’re asking, I mean there’s a lot of moving pieces here and there’s a lot of discussions that have to happen before we get to that point,” he said.

“The real focus about it is recognizing Mi’gmaq ownership of what’s sometime called Crown land or industrial freehold land in the province, and the Mi’gmaq have a right to use those lands and make decisions regarding those lands.”

Kelly said the title claim will be reviewed in the coming days and weeks, including how the new title claim impacts previous claims made to government.

“The province will address the Mi’gmaq’s position in due course and as part of that process must consider how it implicates the current claim by the Wolastoqey to land that is in the Mi’gmaq map area,” said Kelly.

Meantime, the six chiefs of the Wolastoqey Nation responded to MTI’s title claim and the overlap with a press release on Wednesday, confirming that discussions are already underway between the leadership groups.

“These discussions, like our collaboration on many matters, have been open, friendly and productive,” said the chiefs in the release.

“We wish to amplify [Wednesday’s] call from the Mi’gmaq chiefs: It’s time for the Government of New Brunswick to see the importance of negotiating recognition and implementation of Indigenous title.”

MTI says all the information, map and details on the new title claim have been shared with other nations, along with the New Brunswick and federal governments.

“Any overlaps between the assertion of titles will be resolved among the nations,” said Chief Sacha Labillois of Ugpi’ganjig.

Right now, MTI says it already has a “negotiation table with the Government of Canada and the Province of New Brunswick where Aboriginal Title is one of the topics for negotiation.”

Simon says, at this point in time, the ball is in the government courts.

“The Government of Canada has already indicated a willingness to sit down and discuss title, but most of the Crown land in the province are ones that the province has search control over, so really, they’re the one that needs to come to the table,” he said.

He added that MTI is ready to start conversations immediately, or whenever the government is ready.

At this time, there are no plans to go to court, but that can change if the province is “unwilling to have meaningful discussions.” 

However, Chief Labillois says she is optimistic that both levels of government will enter into good-faith negotiations and will want to implement the Mi’gmaq title.