The excerpts above are only a small part of the series of treaties called the Peace and Friendship Treaties. These treaties allowed for the settlement of New Brunswick and the implementation of British institutions and government.
In addition, the treaties will have to be considered with Britain’s Royal Proclamation of October 7, 1763, that organized Canada, as it then was, into two types of land for the First Nation inhabitants: land outside Atlantic Canada and the establishments authorized by the Crown inside Atlantic Canada. The Royal Proclamation did not grant New Brunswick to the First Nation inhabitants but only the specific land reserved for them.
The treaties and the Royal Proclamation also address the Crown’s responsibility to First Nations, which are divided between the Federal Government and the Government of New Brunswick. In 1867, the Federal Government accepted responsibility for First Nations and their land. In the case where land was reserved for First Nations in New Brunswick, but the land was then unlawfully taken, the Federal Government is responsible and has established procedures to address these claims. This procedure is called the Specific Claims process. For more information on the role and responsibility of the Federal Government see (Specific claims (rcaanc-cirnac.gc.ca)).
As an example of the Specific Claims process, the Madawaska Maliseet First Nation in New Brunswick filed a Specific Claim on August 13, 2012, for compensation from the Federal Government for the loss of reserve lands that had been promised to the community. On November 28, 2017, the Specific Claims tribunal determined that the claim against the Federal Government was valid and compensation for the loss of the claimed lands was to be determined by the parties. On April 13, 2021, the Federal Government announced that a land claim settlement agreement had been reached with the Madawaska Maliseet First Nation. The settlement included $145 million in total compensation, and the option for the Madawaska Maliseet First Nation to acquire land and apply to have that land added to their reserve. A copy of the decision can be found here and a copy of the news release can be found here.
The Wolastoqey have chosen not to pursue a specific claim and instead have filed an action seeking a declaration of Aboriginal title to areas not reserved to them as contemplated by the Royal Proclamation. The Wolastoqey have asserted an Aboriginal title claim against all land within the claim area, including the land that was settled by private landowners as contemplated by the Peace and Friendship Treaties. The Wolastoqey also challenge the legal systems that have governed land since the time of the treaties as well as the rights of Government to manage land, including the granting of rights to private landowners.
The Government of New Brunswick accepts its responsibility to First Nation community members. The Government is undertaking hundreds of initiatives that are described under New Brunswick First Nation Initiatives. In addition, the Government is involved in significant and meaningful negotiations to develop agreements that recognize and implement First Nation rights and priorities, contribute to economic and social equity, and advance reconciliation. You can read more about these important negotiations at Indigenous Affairs Negotiations (gnb.ca) and Negotiations (gnb.ca).
The Government of New Brunswick invests millions of dollars on an annual basis in First Nation communities, and that investment is only expected to increase in the future through negotiated development agreements. More information on the development agreements can be accessed at News - Indigenous Affairs (gnb.ca).