Higgs says private citizens' property rights could be jeopardized by Wolastoqey lawsuit - Action News
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New Brunswick

Higgs says private citizens' property rights could be jeopardized by Wolastoqey lawsuit

Premier Blaine Higgs says a revised Aboriginal title claim filed in the Court of Queen's Bench could impact some of the basic principles society runs on. Chief Patricia Bernard called that assertion "fear-mongering."

Chief Patricia Bernard calls premier's stance fear-mongering, says 'we're not going after New Brunswickers'

Premier Blaine Higgs, seen in a file photo, said Wednesday that the revised claimcreates 'tremendous uncertainty'for individuals buying land or building a business. (Government of New Brunswick)

Premier Blaine Higgs says a revised Aboriginal title claim filed in the Court of Queen's Bench could impact some of the basic principles society runs on.

At a news conference held Wednesday afternoon, Higgs and Natural Resources Minister Mike Holland voiced concerns about the revised claim.

Higgs said the claimcreates "tremendous uncertainty"for individuals buying land or building a businessin terms of being sure of "the assets they actually own."

"Never before has a claim of this nature attempted to take control of land that is privately owned," he said.

The original lawsuit, which asks the courts for clear title to 60 per cent of New Brunswick's landmass,was filed a year ago.

But on Tuesday, Wolastoqeychiefs announced that J.D. Irving Ltd. and four other forestry companies, as well as N.B. Power, have been added as defendants.

The chiefs say those companies benefit from "sweetheart deals" that were made with the province on territory that was never surrendered by the Wolastoqey Nation.

Natural Resources Minister Mike Holland said the lawsuit could hurt New Brunswick's $2-billion forestry industry and one of the province's top exports.

"The strength of this sector keeps food on the table for one in 14 New Brunswickers whose jobs are linked to the health and growth in this sector," said Holland.

The chiefs have said they don't aim to seek compensation directly from the forestry companies.

But if their claim succeeds and they become the landlords, they would negotiate new deals and have a say in how the forests are managed.

Holland said the government is still trying to understand how that could impact the entire economy.

"It's yourneighbour who owns a harvester," he said. "It's the private woodlot owner that's working to move their product through the supply chain. It's also the small mill that makes value-added products that employ local men and women all throughout the province."

A woman wearing Indigenous regalia stands outside.
Chief Patricia Bernard of Madawaska First Nation had predicted Higgs would try to frighten New Brunswickers into opposing the Aboriginal title claim. (Logan Perley/CBC)

'This is fear-mongering,' chief says

Patricia Bernard, chief of the Madawaska First Nation, had predicted Tuesday that Higgs would try to scare New Brunswickers into going against the claim.

After the news conference, she told reporters the government was fear-mongering, and she wasn't surprised.

"This is not a land claim," Bernard said. "This is an Aboriginal title declaration."

"The only thing that we're seeking back is the land from these corporations, not a land claim for our traditional territory."

Bernard also emphasized that point on Tuesday, when she assured residents that the chiefs are not coming for the homes and farms of ordinary New Brunswickers.

"Let me speak for a minute to New Brunswickers who have homes on our traditional lands and who rightfully have many questions about this development," she said.

"While we are seeking title to our territory, the WolastoqeyNation does not want to displace you from your homes."

She noted that "the only private landowners we are trying to get land back from are these six: J.D. Irving Ltd., AV Group, Acadian Timber, Twin Rivers Paper. H.J Crabbe and Sons, and N.B. Power.

"If you're not one of these companies, you have nothing to worry about."

Bernard admitted Wednesdaythat title claims can be confusing but saidit's a legal principle that the province needs to better understand,

"Our intent is not to bankrupt this province," she said. "That would be ludicrous."

Asked if the claim was worth a trillion dollars, Bernard declined to put a price tag on it.

She said some of the details will be worked out in the courts but that she expects the matter could take a decade or more to go to trial.