Last week, eight Mi’gmaq First Nations in New Brunswick jointly issued a statement asserting title over the land and waters of most of the province. Sackville and Dorchester neighbour Amlamgog (Fort Folly) is one of the nations joining in the title claim, led by Mi’gmawe’l Tplu’taqnn (MTI), a non-profit organization representing New Brunswick’s Mi’gmaq nations.

The nations are asking the provincial government to negotiate with them over the recognition and implementation of the title. Ideally, says Amlamgog Chief Rebecca Knockwood, ”[the province comes] to the table, they sit down with us, and they negotiate. And we start doing some resource revenue sharing with the province.”

Knockwood says the title assertion is a way of notifying the provincial government and the public that, “the lands and waters in New Brunswick that we and our ancestors have used, occupied, stewarded and cared for during thousands of years—they belong to us.”

The map published by MTI shows their title assertion covers most of New Brunswick, except for a narrow portion along the western border and a larger area in the southwest. Despite the size of the claim, Knockwood says average New Brunswick property owners should not be worried.

MTI’s title assertion map. Source: MTI.

“We’re not seeking to take people’s homes and cottages away,” says Knockwood. “We’re seeking compensation from the government.” MTI says the assertion of title is against the Crown, as well as “industrial freehold lands in which the Crown asserts an interest.”

Knockwood says the assertion of title follows from the Peace and Friendship Treaties signed over decades in the 1700s.

“We’re here to assert that we never gave up title to these lands in New Brunswick. We never signed off, we never surrendered, we never ceded anything,” says Knockwood.

What about other claims?

There are two other title claims in the province already, and the three overlap in terms of territory, but Knockwood says they don’t see the claims as competing.

“Back in the day we all worked together, we all took the same portage routes,” says Knockwood, adding that discussions have already begun with the Wolastoqey, who filed their title claim in 2021, and with Elsipogtog, who filed their title claim back in 2016. “We’ve enjoyed working collaboratively and having friendly relationships with other Mi’gmaq communities and our Wabanaki nations on many issues,” says Knockwood, “and hope that this will be no different.”

MTI have asserted their title, but not filed claims in court. But Knockwood says court actions are not being ruled out.

“If it comes down to it, and they’re not willing to sit down and negotiate with us, the next step would be to take them to court,” says Knockwood.

In 2014, an unanimous Supreme Court ruling granted declaration of aboriginal title on more than 1,700 square kilometres in BC to the Tsilhqot’in First Nation. Knockwood says that precedent bodes well for the position of First Nations in New Brunswick when it comes to asserting aboriginal title.

“I personally don’t think the premier of New Brunswick has a leg to stand on when it comes to taking the First Nations to court,” says Knockwood.

Why now, and why in NB?

Mi’gmaq territory spans New Brunswick, Nova Scotia and PEI, but New Brunswick is the first in the Maritimes to see aboriginal title asserted. Knockwood says relations between First Nations and other provincial governments have been more productive, which could account for the need to establish title in this province before others. The situation in New Brunswick is also more complex, because there are three different nations present: Mi’gmaq, Wolastoqey, and Passamaquoddy.

“The province of New Brunswick is a very hard province to deal with,” says Knockwood. ”We’ve had enough. So we put out this land title assertion. Hopefully, we’ll get somewhere now.”

Knockwood says she doesn’t predict radical changes around Amlamgog once title is recognized and implemented, but she says revenue from crown lands could help First Nations with programs and services for members, and it could alleviate dependency on federal funding.

The assertion of title may also mean a stronger role for First Nations in stewardship of the province’s land and water. “That’s what we’re hoping for,” says Knockwood, adding that, “we’re not here to stop economic growth within New Brunswick. We still want to work together with the province, knowing that First Nations still own the Crown property.”

Knockwood says the province is getting in the way of resource revenue sharing, while also claiming to be consulting First Nations.

“I don’t understand,” says Knockwood, “you talk to Mr. Higgs, or you talk to Arlene Dunn, who is the Minister of Aboriginal Affairs. They’ll be telling you ‘oh, yes, we’re sitting down with First Nations and we’re talking to them.’ They haven’t been at any tables I’ve been at.”

“This has been an ongoing issue,” says Knockwood. “It’s about time we asserted our rights.”

Province yet to respond

CHMA reached out to the province for comment on the title claims, and spokesperson David Kelly responded by email that the claim is still being reviewed, and will be addressed “in due course.”

Kelly also wrote: “As a result of the Mi’gmaq’s position, there are First Nation claims against all land in New Brunswick. First Nations are claiming the entire Province of New Brunswick, including the majority of the Bay of Fundy and the Northumberland Strait.”

Hear Chief Rebecca Knockwood on CHMA's Tantramar Report: