The Wolastoqey Aboriginal Title Claim

As Minister of the Department of Indigenous Affairs I am responsible for the Government of New Brunswick’s obligations to the Indigenous communities in the province. This includes meaningfully engaging with Indigenous communities and addressing the difficult challenges resulting from non-alignment with respect to the scope and nature of certain claims made by First Nation communities. One such disagreement is the Wolastoqey Aboriginal title claim to approximately 60% of the lands and waters of the province.

The Wolastoqey communities filed a legal action seeking an unprecedented declaration of Aboriginal title to over 283,000 parcels of property having a value of over $48 billion dollars. They are also seeking damages for alleged wrongdoing from 1759 to the present and into the future. The damages being claimed by the Wolastoqey could amount to hundreds of billions or even trillions of dollars. The Wolastoqey’s action will be decided by the Court and is expected to take up to 20 or more years before it is fully resolved.

As these issues have been put before the Court, the Government of New Brunswick will not litigate the issues outside of that process. That being said, every citizen of New Brunswick is entitled to information about this claim that, if successful, will have impacts on the entire province and its residents.

As a defendant in this land claim, the Government must take the action seriously. It is imperative that the Government safeguard and balance the interests of all New Brunswickers.

Hon. Réjean Savoie
Minister of Indigenous Affairs

New Brunswick is made up of a total of 7,344,000 hectares which is divided into smaller parcels for people and businesses to own and carry on with their lives while other parcels are owned by the Crown and managed by various government departments. The provincial land is used for conservation areas, buffers around lakes, streams and rivers, for hospitals, schools and other critical infrastructure as well as for lease to forestry and other businesses.

The Constitution vests  responsibility for land to the provinces. Ownership of land is managed through land registry and title systems. These types of systems have been in place in New Brunswick since the Province was created in 1784 and provide a mechanism to determine the answers to three basic questions:

• Where is the land?
• Who owns the land?
• Who else besides the owner has an interest in the land?

People have relied on these systems when buying their homes, cottages, and land for their businesses. The Wolastoqey claim that these systems may not apply to them.

Land in New Brunswick allows its citizens to save, build and plan for the future for themselves and their families. Land is the basis of our entire economy and allows the Government to deliver public services to all New Brunswickers.

The government will update the public on developments related to the land claims as they arise.

This webpage, as well as any associated links, is provided for informational purposes only and in no way constitutes a full statement of the legal position of the Government of New Brunswick. The contents and conclusions expressed on the webpage are subject to change as the law develops and new information becomes available.