New Brunswick Premier Blaine Higgs is essentially saying “We don’t trust you” in the motion he introduced to protect New Brunswick property owners from a massive indigenous land claim.
He is saying it to the indigenous politicians who are bringing the claim, to the Trudeau Liberal government, and to a Supreme Court that has stretched Section 35 and indigenous rights far beyond what our constitution makers intended.
Is he right not to trust them?
He is certainly correct not to trust the indigenous leaders who are claiming more than half the province. Their promise that their claim does not go after small landowners is disingenuous. Their lawsuit alleges that the province had defective title to the land from the beginning—that the Crown originally only acquired a shared ownership of the land, namely the part that did not include the “Aboriginal title.” (This is basically the same claim made in the Ontario Restoule case that is now headed for the Supreme Court, except that the New Brunswick case is based on “Aboriginal title” whereas Restoule is based on treaty rights.)

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