Wolastoqey chiefs claim ‘enormous victory’ in title claim against province [Video]

A New Brunswick judge has ruled that Aboriginal title can be declared over privately owned land — even land they’re not fighting to reclaim, according to a recent decision by the Court of King’s Bench.

Justice Kathryn Gregory also ruled that land owners can’t be directly sued for the return of land. Instead, the fight is with the Crown. 

“I acknowledge such a declaration impacts everyone, Crown and non-Crown, but the legal declaration itself is against the Crown only. It is not declared against private parties as they hold no constitutional status as against the Aboriginal group,” wrote Gregory. 

As a result, she dismissed the case against all of the “industrial defendants,” including Irving Oil and J. D. Irving, leaving only the Crown as represented by the provincial and federal governments. 

Launched in 2021, the lawsuit asserts title to more than half of New Brunswick. 

The Wolasotqey Nation said it …