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A lawyer for the Wolastoqey Nation has asked a judge to dismiss motions filed by three logging companies which seek to remove them from a big Aboriginal title claim.
Pelletier said although the Wolastoqey Nation considers the businesses"innocents" in the claim — because they had nothing to do with the original land grants offered by the British Crown — they are nonetheless in possession of property that is not rightfully theirs. A big part of the lawsuit resolves around the concept of Aboriginal title, recognized by the Supreme Court of Canada. It's a bundle of communal rights held by Indigenous people before Europeans showed up.
Although the companies over several days presented motions asking the judge to remove them from the claim, arguing the Wolastoqey Nation hadn't properly built its case and that a declaration of Aboriginal title couldn't override fee-simple private property rights, Pelletier used much of the same case law as they did to say the opposite.
But Pelletier noted that the Wolastoqiyik had already stated in their claim that they were not after most people's private property. Calling everyday business and homeowners"strangers to the claim," the Wolastoqey Nation has said it has no interest in getting that land back. "We've already forgone significant portions of our territory," Pelletier said."This was done in the name of reconciliation."
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