Mi’kmaw lawyer accuses Blaine Higgs of fear-mongering and ‘deeply racist attitude’ | CBC News

A Mi’kmaw legal scholar says New Brunswick’s attempt to get a court to throw out sections of an Aboriginal title claim is just another example of Premier Blaine Higgs’s fear-mongering and “deeply racist attitude towards First Nations.”

Six Wolastoqey First Nations have asserted Aboriginal title over about half of New Brunswick, and the government is asking the courts to strike out several sections of the claim. Higgs says he is trying to protect smaller property owners within the title claim area.

But Higgs is misrepresenting the law concerning Aboriginal title, Pamela Palmater, a lawyer, professor and member of the Eel River Bar First Nation, said in an interview broadcast Tuesday on Information Morning. 

“That doesn’t do anything but cause divisions, and he’s been doing that since his time in office,” she said.

‘Unprecedented claim’

The title claim specifically names the federal government, N.B. Power, and six companies, mostly in the forestry industry, and 19 of their subsidiaries.

In a statement last week, Higgs said the Wolastoqey had dismissed the fears of all the smaller unnamed property owners within the title claim area.

“Today, across more than half of our province, hundreds of thousands of New Brunswickers are at risk of having their property impacted by this unprecedented claim in which they have been denied any standing or representation,” said Higgs.

But Palmater said the existing title claim, if successful, would have no impact on regular New Brunswickers, their families or properties.

At the heart of title claim is Crown land held by the province, and decisions on how that land is used.

She said that could mean the Wolastoqey First Nations having a greater say in fees, licences and rights to development of Crown land.

When you say ‘exclusive use and occupancy,’ that does not mean they’re going to kick New Brunswickers out of their homes and expropriate their land,” Palmater said. “That’s not how it works.

“Third-party interests, whether it’s in an Aboriginal title claim in court or in the land claim negotiation process, they’re always protected.”

CBC New asked the Premier’s Office for a response to Palmater’s comments, including her allegation of racism against Higgs.

The office did not provide a response but sent a statement from Indigenous Affairs Minister Arlene Dunn.

Dunn’s statement said concern for property owners prompted the motion to change the title claim, which the government believes doesn’t match public comments made by Wolastoqey leaders.

“The Wolastoqey have made various statements publicly but the legal language of their Notice of Action is clear that the land of unnamed parties is included in the claim area.”

Palmater said it’s unfortunate that the situation even had to go to court, and she believes both parties would be better served at the negotiating table.

But she blames the premier for the lack of negotiation.

“If he wanted to protect New Brunswickers, he would have said, ‘OK, you know what, let’s sit down at the negotiating table. Let’s put a moratorium on all Crown land dispositions and Crown land development until we get your claims resolved, because we’re here to protect New Brunswickers,'” said Palmater. 

“That didn’t happen. … It was a very racist divide between First Nations and what he considers to be the people of New Brunswick.”