• About
  • Join / Donate
  • Contact
Sunday, September 24, 2023
  • Login
No Result
View All Result
The Brief
NB MEDIA CO-OP
Share a story
  • Articles en français
  • New Brunswick
  • Canada
  • World
  • Environment
  • Indigenous
  • Labour
  • Gender
  • Politics
  • Culture
  • Videos
  • NB debrief
  • Articles en français
  • New Brunswick
  • Canada
  • World
  • Environment
  • Indigenous
  • Labour
  • Gender
  • Politics
  • Culture
  • Videos
  • NB debrief
No Result
View All Result
NB MEDIA CO-OP
No Result
View All Result
Home *Opinion*

We know whose land it is, and so does the government

by Luke Beirne
October 16, 2021
Reading Time: 3min read
We know whose land it is, and so does the government

Left to right: Wolastoqewi Kci-Sakom spasaqsit possesom (Ron Tremblay, the Wolastoq Grand Chief morningstar burning) and New Brunswick's Minister of Justice and Public Safety Ted Flemming.

On October 14, a memo was sent to all Government of New Brunswick employees by Ted Flemming, New Brunswick’s Attorney General and Minister of Justice and Public Safety, ordering employees not to “make or issue territorial or title land acknowledgements.”

Wolastoqewi Kci-Sakom spasaqsit possesom (Ron Tremblay, the Wolastoq Grand Chief morningstar burning) issued a strong response, identifying the memo as a continuation of genocide, reiterating that “we Wolastoqewiyik have never surrendered one speck of Earth, one drop of Water or one breath of Air.”

Flemming’s memo states that his order is in relation to “a number of legal actions which have been initiated by certain First Nations against the province, including a claim to ownership and title to over 60% of the province.” It also states that “while territorial and title acknowledgements may not be issued by GNB, there may be some few situations where it is desirable to issue an ancestral land acknowledgement.” In these rare cases, employees are ordered not to deviate from an approved acknowledgement attached to the memo, which emphasizes the absence of “terms such as ‘unceded’ or ‘unsurrendered’.”

Land acknowledgements have already been criticized as hypocritical when they are not accompanied by meaningful steps to recognize Indigenous sovereignty. With this memo, the Government of New Brunswick removes even the symbolic significance of these statements. It, instead, uses the acknowledgement to reinforce the state’s seizure of Indigenous land.

The GNB’s approved acknowledgement states that “We respectfully acknowledge the territory in which we gather as the ancestral homelands of the Wolastoqey, Mi’gmaw, and Peskotomuhkati peoples.” This is carefully worded to ensure that the speaker does not signify that territories referred to are still Indigenous lands. Restricting recognition to the existence of “ancestral homelands” presents Indigenous sovereignty as something that no longer exists.

The legal action referred to is likely a lawsuit filed by the Wolastoqey Nation in New Brunswick seeking recognition of title rights. The six chiefs of the Wolastoqey Nation in New Brunswick issued a response to Flemming’s memo, which notes that “We were forced to file a title claim because our rights continue to be ignored by GNB. Now, in response to this, the province seeks to further trample our rights and erase us from the history of this province.”

The lands claimed by the Government of New Brunswick were not ceded. Section 25(a) of the Canadian Charter of Rights and Freedoms guarantees rights recognized by the Royal Proclamation of October 7, 1763, which guarantees that all land is considered Aboriginal land until ceded by a treaty. This is engrained in Canada’s constitution and serves as one of the fundamental pillars of its claim to legitimacy.

Flemming’s memo accelerates dispossession by attempting to prevent even rhetorical recognition of the legitimacy of Indigenous sovereignty on these lands. The fact that this was sparked by a legal case brought forth by the Wolastoqey Nation is evidence of the fact even playing by the government’s rules and participating in its legal system is not enough to afford recognition and respect.

In their response, the six chiefs state that “The Wolastoqey Nation is not seeking the return of all of the land in its traditional territory through the title claim. We made it very clear when giving the crown notice of our claim in October 2020 that we were not looking to displace homeowners in New Brunswick.” The lawsuit filed does not challenge people simply living on unceded land or request a full return of all territory. It requests that the government adheres to its own commitments.

Indigenous peoples are entitled to far more. This land is Indigenous. Regardless of treaty obligations, settlers must recognize the actual circumstances which led to the domination of Indigenous lands by European settlers. The government’s land acknowledgements may represent little more than symbolic gestures intended to placate people and quell resistance; however, Flemming’s memo represents the government’s active efforts to further dispossess Indigenous peoples and erase their histories. It is an attempt to double down on the colonial myth of legitimate authority.

The Canadian state, including the Government of New Brunswick, so strongly resists recognition of historical facts because the legitimacy of its existence depends entirely upon the distortion of these facts. Once the history of settler colonialism is actually recognized, the legal justifications for the continued possession of these lands can no longer be seen as legitimate.

Luke Beirne is a freelance writer who lives in Saint John, on unsurrendered and unceded Wolastoqey land.

Tags: Canadacolonialismindigenouslandland acknowledgementsMi’gmawNew BrunswickPeskotomuhkatiRon Tremblaysettler colonialismTed FlemmingWolastoqewi Kci-Sakom spasaqsit possesomWolastoqeyWolastoqey Nation in New Brunswick
ShareTweetSend

Related Posts

A photo of the author, Shelley Petit.
Disabilities

Commentary: Discrimination is rampant across campuses in New Brunswick

September 12, 2023

As so many young people are starting up their first weeks of university, it seems like a great time to...

Nick Polchies stands in front of his home on the proposed mining site.
Indigenous

Judge extends court injunction against Wolastoqi land defenders resisting the Sisson mine

September 11, 2023

A judge has renewed a court injunction barring Wolastosqi land defenders from interfering with the activities of Northcliff Resources at...

A group of people rally in support of Pharmacare.
Canada

COMMENTARY: 97 per cent of Canadians have drug coverage and other lies drug manufactures are pushing

August 29, 2023

Editor’s note: This commentary was first published by the Toronto Star on July 31, 2023. One in five Canadians had...

A book cover featuring a bottle opener on a red background. The title reads, "Booze, Cigarettes, and Constitutional Dust-Ups."
Acadie

COMMENTARY: The unBEERable Lightness of Being “… in this place”

August 16, 2023

This was supposed to be a review of Ryan Manucha’s Booze, Cigarettes, and Constitutional Dust-Ups: Canada’s Quest for Interprovincial Trade,...

Load More

Recommended

No Content Available
NB Media Co-op

© 2019 NB Media Co-op. All rights reserved.

Navigate Site

  • About
  • Join / Donate
  • Contact
  • Share a Story
  • Calendar
  • Archives

Follow Us

No Result
View All Result
  • About
  • Join / Donate
  • Contact
  • Share a Story
  • COVID-19
  • Videos
  • New Brunswick
  • Canada
  • World
  • Arts & Culture
  • Environment
  • Indigenous
  • Labour
  • Politics
  • Rural

© 2019 NB Media Co-op. All rights reserved.

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In