Utoo Radio with Other News Sources - April 4, 2024 - In a major Indigenous title issue in New Brunswick, both sides are accusing each other of refusing to settle out of court. This refusal might cost millions.
Last week, Madawaska Chief Patricia Bernard said the Wolastoqey Nation has always been open to negotiate its Aboriginal title claim with the provincial government.
She claims Blaine Higgs' Progressive Conservative government is steadfast.
Bernard, a northeastern New Brunswick First Nation member, urged legal action despite their hesitation. His village and five others from Wolastoq claimed nearly half the province in 2020.
We negotiate all lawsuits. Provincial officials rejected the idea.
The Liberal and Green parties have criticized Higgs for not negotiating. Bernard said her 377 First Nation voters rarely receive political counsel from the provincial government.
The Oct. 21 provincial election will bring major changes.
Motivate them to vote for Wolastoqey. Avoid voting for Conservatives and Liberals.
Auditors slam police and First Nations housing Indigenous leaders' negotiations rebuffed by Premier Higgs.
Higgs told the renowned Brunswick News that Chief Bernard is politicizing rights. We want the Wolastoqey to keep their legal promises. The exclusion of normal property from their land claim is disputed. Our chats lasted over a year. After rejecting our request, 25 private organizations and NB Power were sued. They said they wouldn't do it and never would.
Higgs believes judicial hearings may end tomorrow.
The Wolastoqey community has been advocating for land release and use for common people for long time. A court order has granted this. Wolastoqey's legal challenge—why?
The province valued private land at $44 billion, a major development.
The King's Bench is evaluating trial-preparation motions. Experts say the lawsuit might last a decade.
Costs could be high. To accommodate the huge number of participants, the court proceedings are held at a Fredericton Inn conference room. Many corporations interested have legal representation. Wolastoqey, the province, NB Power, and Ottawa have lawyers.
18 lawyers fought at the tables while over two dozen legal staff observed from the public gallery. Many court hours will be charged.
The Wolastoqey have a strong case for Aboriginal title, a Canadian law principle that protects Indigenous rights to lands never ceded to the Crown.
The province's lawyer, Josh McElman, testified last week that the Crown's Wolastoqey connection was unbreakable.
Title declarations cause controversy. The Wolastoqey Nation wants government compensation for abandoning those lands while minimizing interruptions to New Brunswickers' homes and businesses.
It also wants a say in how strip miners use these properties.
Wolastoqey wants the largest 25 firms and Crown or public property back.
Attorney Bernard said her team began planning in 2013 after talking to two law firms. OklahomaT is a renowned Indigenous law company with Toronto and Yellowknife offices. The case lawyer, Renée Pelletier, is from Nova Scotia and her father is from Bernard's First Nation.
"He learned resilience and determination early on. He has a deep belief in never being conquered or giving up the land "said. "There was a significant amount of time involved." The Wolastoqey and other Indigenous people have learned over time. Stop to correct "Wait, that's incorrect." Attention needed.When should you behave when you arrive?
McElman's parallel of a marriage without a divorce to unite the two groups was appreciated by the chief. She says the custom is less paternalistic than provincial ones.
Nation-to-nation cooperation is desired. This marriage is strong. Compared to parent-child relationships. That comparison changed their view of the connection. When dealing with another nation, treat them as equals, not as children.
Mike Holland, Indigenous Affairs and Natural Resources minister, declined to respond to Brunswick News.
"I will maintain my commitment to collaborating with First Nations on all issues that demand my focus as the Minister of Indigenous Affairs," said he. "Currently, there are legal proceedings underway, and I am unable to provide any comments on these matters as they are currently being heard in court."
