Litigation developments: Aboriginal title and fee simple title – Borden Ladner Gervais LLP (BLG)
January 27, 2025
On Nov. 12, 2024, the Court of King’s Bench of New Brunswick issued a decision in Wolastoqey Nations v New Brunswick and Canada, et al, 2024 NBKB 203 that adds to a growing body of law in Canada beginning to define the relationship between Aboriginal title and fee simple title.
In this article, we describe the Wolastoqey title claim and judgment on the motions, explain how the decision aligns with recent trends in Aboriginal title jurisprudence, and reflect on how Aboriginal title claims over lands held in fee simple may unfold in future litigation.
The Wolastoqey title claim
In 2021, six Wolastoqey First Nations – the Wolastoqey Nation at Welamukotuk (Oromocto First Nation), Sitansisk (Saint Mary’s First Nation), Pilick (Kingsclear First Nation), Wotstak (Woodstock First Nation), Neqotkuk (Tobique First Nation), and Matawaskiye (Madawaska Maliseet First Nation) (collectively, the Wolastoqey Nation or the Plaintiffs) – filed a Notice of Action with an attached Statement of Claim. The named Defendants to the action included the Attorneys General of New Brunswick and Canada (AGNB and AGC), NB Power, and seven private corporate entities referred to as the “Industrial Defendants” (the IDs).
