N.B. appeals court rules Wolastoqey Nation can’t fight Crown over private forest land

The New Brunswick Court of Appeal has ruled in favour of private logging corporations, in an Aboriginal title claim case launched by the Wolastoqey First Nation in 2021.

The Wolastoqey Nation had been seeking a declaration of Aboriginal title on over half of the province, saying the land was unceded and sold by the Crown without their consent.

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As 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.

Last 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.

All three companies filed appeals of that decision.

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.