Supreme Court declines to hear appeal of title claim for six Wolastoqey communities
On Thursday, May 28, the Wolastoqey Nation in New Brunswick issued a press release regarding the Supreme Court of Canada’s decision not to grant leave to appeal the ongoing title claim of the six Wolastoqey communities.
The Supreme Court did not disclose its reasons for choosing not to hear the case.
The title claim can proceed; however, the First Nations are limited to pursuing damages and compensation for the loss of traditional lands, rather than asserting ongoing ownership.
Chief Patricia Bernard of Madawaska says the nations remain determined to secure the title.
“The fight for our homeland will continue,” said Bernard.
The Wolastoqey Nation’s title claim was filed in 2021 by the six Wolastoqey communities in New Brunswick: Matawaskiye (Madawaska), Wotstak (Woodstock), Neqotkuk (Tobique), Bilijk (Kingsclear), Sitansisk (St. Mary’s), and Welamuktok (Oromocto), seeking legal recognition of Aboriginal title to the traditional, ancestral homelands of the Wolastoqey.
“Our ancestors never surrendered our lands and waters. The Peace and Friendship Treaties signed with the British Crown in the 1700s were treaties of peace and alliance, not land surrender or cession. Our title has not been extinguished,” said Bernard.
“Being denied leave does not mean that the Supreme Court of Canada agrees with the New Brunswick Court of Appeal decision.”
A 2024 lower court ruling confirmed that Aboriginal title could exist on privately held land, deciding that it would be the responsibility of the Crown to return some private land by negotiated agreements or, if negotiations fail, court orders.
The New Brunswick Court of Appeal overturned this decision, stating that declarations of Aboriginal title can be issued only in relation to Crown land, limiting remedies for private industrial land to financial compensation or damages from the Crown.
“Canadians expect that the Supreme Court will eventually need to clarify the law on whether Aboriginal title can be recognized in relation to privately held lands,” said Bernard.
“Until this clarification, the Wolastoqey Nation must be consulted on all Crown decisions impacting lands and waters within its territory. We will continue to advance our claim, assert our rights and title, and pursue all available paths open to us. We will announce our plans for the next steps of our claim when information is ready to share.”
