Forestry companies say they're at risk because of Wolastoqey title claim to more than half N.B.

Some of the New Brunswick's largest forestry companies say their business operations are at risk as a result of a title claim by the Wolastoqey Nation for about60 per cent of land in the province.

Three companies and several subsidiarieswant a specific documentremoved from the claim, and they've recently filed legal motions asking the Court of King's Bench to do so.

They say allowing "certificates of pending litigation" which warn others the land is part of an ongoing legal dispute to be registered "is likely to disruptand undermine the operations" of their companies, according to the motions, copies of which were obtained by CBC.

Thecompanies are part of a long list of defendants that includessome of the province's largest entities, including the Province of New Brunswick, the Government of Canada, power companies, rail linesand recreational companies.

The Wolastoqey Nation initially filed the land title claim in 2020 for more than five million hectares, which the chiefs identify as Wolastoqey traditional lands.

In 2021, they amended the claim to specifically name some of the province's largest companies, including forestry companies J.D. Irving Ltd., Acadian Timber and H.J. Crabbe & Sons.

The Wolastoqey Nation in New Brunswick represents the Matawaskiye (Madawaska), Wotstak (Woodstock), Neqotkuk (Tobique), Bilijk (Kingsclear), Sitansisk (St. Mary's) and Welamuktok (Oromocto) First Nations, located along the St. John River, also known as the Wolastoq.

Three separate motions were recently filed with the Court of King's Bench by H.J. Crabbe & Sons, Acadian Timber, and J.D. Irving plus several subsidiary companies.

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According to the motions, the forestry companies want the certificates removed from the claim because theyare "incompatible" and inconsistent" with Aboriginal title.

In its motion, H.J. Crabbe & Sons argues that certificates of pending litigation are akin to an "injunction" on the land they own and preventthe companyfrom selling land "and financing its business, and threatening the viability of the business operations."

The other two companies make similar claims in their own motions.

No comment from companies

In an emailed statement, Rene Pelletier, a lawyer representing the Wolastoqey Nation, said, "We intend to fight these motions, but we won't be commenting further on the matter as it is currently before the courts."

So far, no date has been set to hear the motions.

• Wolastoqey chiefs add forestry companies to title claim case
• Wolastoqey Nation lawsuit to claim title to half of New Brunswick

Pelletier said the Wolastoqey Nation has claimed certificates of pending litigation "on the properties we are seeking returned from the Industrial Defendants. Here, CPLs would act as a tool to protect the rights of the Wolastoqey pending trial, but also to protect prospective buyers and lenders by giving them notice of the claim."

When contacted on Thursday, a spokesperson with J.D. Irving declined to comment. Similar requests made to H.J. Crabbe & Sons and Acadian Timber were not returned by publication time.