New Brunswick’s attorney general says he wants to negotiate Aboriginal title claims rather than fight them in court.
Rob McKee has instructed provincial lawyers that in most litigation involving Aboriginal title or treaty, they should seek consent to pause all litigation while the Crown and First Nations pursue negotiated settlement of all claims.
McKee referenced a Court of King’s Bench decision last week on some preliminary motions in the Wolastoqey title claim.
“The court’s decision was helpful in reminding us that Aboriginal title is primarily about reconciliation,” McKee said in a statement on Monday.
“The decision also emphasized that title claims are best discussed at the negotiation table versus a courtroom, which our government agrees with.”
The Court of King’s Bench removed industrial defendants from the action filed by the Wolastoqey Nation in New Brunswick.
However, it said the Wolastoqey could seek remedies, including the return of land owned by industry, if Aboriginal title is proven.
“The court has been clear that the Crown needs to sit down with us to negotiate our title claim,” said Chief Allan Polchies of Sitansisk, also known as St. Mary’s First Nation.
“We trust and hope that the new provincial government will stand by its campaign promises and immediately begin discussions with us.”
Eight Mi’gmaq communities in New Brunswick have also taken the province to court over title assertion.
