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New Brunswick's provincial government has asked a judge to toss key portions of the big Aboriginal title claim filed by the Wolastoqey Nation for more than half of the province's territory.
But the Wolastoqey Nation's lawyers insist the Indigenous communities have no interest in repossession of the property of everyday people, whom they call"strangers to the claim" in the lawsuit. Josh McElman, a Cox and Palmer lawyer representing the province, asked Justice Kathryn Gregory on March 26 to remove the so-called industrial defendants from the claim, arguing there was no precedent in Canadian law for private land being given back to First Nations as part of an aboriginal title claim.
Among many arguments over the course of several hours, McElman said aboriginal title did not square with private property, or fee simple, rights and that the Wolastoqey could not guarantee they wouldn't go after people's private property in the future once aboriginal title, as envisioned by the plaintiffs, was declared.
The B.C. government announced it had reached agreement with the Haida to recognize aboriginal title to Haida Gwaii — all 10,000 square kilometres of the archipelago off the coast — with carve-outs for private lands. The Wolastoqey are after about 44,000 square km of land.
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