Wolastoqey Nation plans to take title claim of forest land appeal to Supreme Court
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Article contentHALIFAX — The Wolastoqey Nation plans to appeal a ruling at the highest court in Canada.Sign In or Create an AccountEmail AddressContinueor View more offersArticle contentIn what the First Nation calls a “disappointing” decision, the New Brunswick Court of Appeal ruled in favour Thursday of private logging corporations in an Aboriginal title claim case launched by the Wolastoqey Nation in 2021.Article contentWe apologize, but this video has failed to load.Try refreshing your browser, ortap here to see other videos from our team.Article contentThe ruling found that the court needs to allow private owners to participate in a process where the private land is subject to an Aboriginal title claim against the Crown.Article contentArticle contentIn a statement on their website, the Wolastoqey Nation says they are instructing their lawyers to seek leave to appeal this ruling with the Supreme Court of Canada.Article contentTop StoriesGet the latest headlines, breaking news and columns.There was an error, please provide a valid email address.Sign UpBy signing up you consent to receive the above newsletter from Postmedia Network Inc.Thanks for signing up!A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Top Stories will soon be in your inbox.We encountered an issue signing you up. Please try againInterested in more newsletters? Browse here.Article contentThe First Nation says it had been seeking three things with their lawsuit. They first wanted a declaration recognizing Aboriginal title over their territory, which included land owned by private forestry companies.Article contentThe Wolastoqey were also seeking the return of some of that land, including parcels owned by the corporations.Article contentLastly, they sought compensation from the Crown.
The First Nation maintains that the land was never ceded to the government, and the Crown sold it without their consent.Article contentThe group says that this case has “always been about affirming our unique relationship to our traditional territory.”Article contentAs part of its case, the nation added land owned by logging companies J.D. Irving, H.J. Crabbe and Sons, and Acadian Timber to the title claim.Article contentLast year, a New Brunswick court ruled that the corporations did not have legal standing in the Wolastoqey Nation’s claim and removed them as appellants from the case.Article contentArticle contentAll three companies filed appeals of that decision.Article contentOn Thursday, Appeals Court Justice Ernest Drapeau found that the court could not issue a declaration of Aboriginal title over the private land without allowing the companies to participate in the case.Article contentIn his decision, Drapeau wrote that the property rights of “private corporations carrying out industrial undertakings are no different than those of other private titleholders in the province, including ordinary homeowners.”Article contentDrapeau ruled that the original judge erred in her decision as “procedural fairness rights are triggered by an interest in the outcome of the proceeding, not the existence of a direct legal relationship.”Article contentIn his ruling, Drapeau wrote that the private corporations “unquestionably” have an interest in the Wolastoqey claim for title, and as such, should not have been removed as appellants.Article contentAlex Cameron, a lawyer representing H.J. Crabbe and Sons, wrote in an emailed statement that the forestry industry “has lately been rocked by tariffs imposed by the U.S. In that context, my client is very happy with today’s decision of the NB Court of Appeal dismissing the Wolastoqey claim against its lands.”Trending CRA penalized taxpayer for repeated failure to report income Personal Finance Who is Mark Wiseman? The career of the man expected to be Canada’s new U.S. ambassador Finance Lululemon CEO to leave after slowdown as shares gain on outlook Retail & Marketing U.S. trade deficit unexpectedly shrinks to smallest since 2020 Economy Canadian households boost their wealth to another record high of $18.4 trillion with ‘supercharged' financial asset growth Wealth Article contentThe ruling still allows the Wolastoqey Nation to pursue a title claim with the Crown by including the private land in a “finding of title,” meaning the Crown could be liable to pay damages on the entire parcel of land without the corporations having to give up territory.Article contentJustice Drapeau distinguished between a “declaration” of title and a “finding” of title.Article contentA declaration, what the Wolastoqey Nation was originally seeking, would have granted them ownership of the land.Article contentThe ruling says that a finding of title simply acknowledges that the First Nation never ceded the territory.Article contentThe Wolastoqey Nation was also ordered to pay $10,000 to each of the three companies to cover costs associated with the case.Article contentA lawyer representing Acadian Timber and a representative for J.D. Irving both declined to comment on the ruling.Article contentThis report by The Canadian Press was first published Dec. 11, 2025.Article contentShare this article in your social networkCommentsYou must be logged in to join the discussion or read more comments.Create an AccountSign in Join the Conversation Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information. CRA penalized taxpayer for repeated failure to report income Personal Finance Who is Mark Wiseman? The career of the man expected to be Canada’s new U.S. ambassador Finance Lululemon CEO to leave after slowdown as shares gain on outlook Retail & Marketing U.S. trade deficit unexpectedly shrinks to smallest since 2020 Economy Canadian households boost their wealth to another record high of $18.4 trillion with ‘supercharged' financial asset growth Wealth