8 Mi'kmaw communities take N.B. to court over title claim

Eight Mi'kmawcommunities in New Brunswick are going to court seeking adeclaration of Aboriginal title over more than half of the province.

Mi'gmawe'l Tplu'taqnn Inc., which represents the communities, announcedit filed a title claim Thursday inMiramichi court against the federal and provincial governments, as well as N.B. Power.

The filing by the group known as MTI seeks various declarations, the transfer ofleases on Crown land to Mi'kmaw communities, andcompensation. But the chiefs say they are not seeking to take title to private property.

"They would continue to own their property, it's the Crown that we're going after," Terry Richardson, chief ofPabineauFirst Nation, said in an interview.

"We're saying they have a responsibility, legal responsibility, for what they've done."

A news release says the communities want the the province to recognize theynever gave up title to the lands under the Peace and Friendship Treaties.

"Unlike later treaties signed in other parts of Canada, the Peace and Friendship Treaties did not involve First Nations surrendering rights to the lands and resources they had traditionally used and occupied," saysa Crown-Indigenous Relations and Northern Affairs Canada website aboutthe treaties.

The court filing says the eight chiefs have filed the claim on behalf of their communities.

The communities areAmlamgog First Nation (Fort Folly), Natoaganeg First Nation (Eel Ground), Oinpegitjoig First Nation (Pabineau), EsgenopetitjFirst Nation (Burnt Church), Tjipgttjg First Nation (Buctouche), L'nui MenikukFirst Nation (Indian Island), Ugpi'ganjigFirst Nation (Eel River Bar) and Metepenagiag Mi'kmaq Nation.

ElsipotgogFirst Nation is not part of the case. Itfiled a title claim for about one-third of the province in 2016.

An MTI document with frequently asked questions says it recognizes other communities have filed title claims and these are not seenas competing claims. The document says discussions with Elsipotgogare continuing about harmonization of the claims.

Six Wolastoqey communities in 2021 filed a title claim for the St. John River watershed and the surrounding area. That case is still going on.

MTI says it recognizes there isoverlap between thetitle areas, and discussions about how to deal with thatoverlap will continue.

MTI says that in 2023, the eight communities formally notified the provincethey were asserting title to lands in New Brunswick.

Richardson said the province has not engaged in negotiations.

"We've reached a point where we've attempted to negotiate with this province and they refused to negotiate," he said. "So we filed our title claim."

The communities are seekingcompensation over the use and development of landsin their territorywithout their knowledge or consent. The case calls for compensation for the value ofresources, such as minerals and timber, harvested from the land.

The total compensation sought is not specified in the filing.

The case also seeks input on decisions about future development.

WATCH | 'We feel there's a requirement to be reimbursed,' says Pabineau chief:

Case seeks compensation from Crown over use of land, resources

2 months ago

Duration 0:50

Chief Terry Richardson of Pabineau First Nation says the title claim court case also seeks compensation for use of land, resources.

"Wewant to have a say in that for our next future seven generations, and that's important. And that's for thebenefit of all, for all New Brunswickers, not just First Nations."

Bruce Macfarlane, a spokesperson for the New Brunswick government, said Thursdayit "has just received notice of this serious legal action. We will review it and respond in due course."

Spokespeople for the federal government and N.B. Power acknowledged requests for comment Thursday but have yet to provide comment.

Unlike theWolastoqeytitle claim case, the MTI case does include industry and forestry companies as defendants.

Richardson said he hopes that instead of a long, costly court battle, the province will negotiate with the communities.

"If it gets drawn out, this could be at the detriment of the Province of New Brunswick financially," Richardson said.

"If there's a compensation package that has to be paid to First Nations, how much is that going to be?"