First Nations’ leaders criticize how provincial Department of Aboriginal Affairs has been ‘overhauled’

CBC Indigenous: Leaders of the six Wolastoqey nations in New Brunswick have issued an open letter slamming Premier Blaine Higgs’s government for how it has handled its duty to consult and have signaled their readiness to work with a new provincial leader, should a snap election happen this fall.

“We are ready to work with any government that is ready for a consistent, reliable, and Nation-to-Nation relationship founded in good faith,” stated the chiefs in the letter, issued Friday.

The letter is signed by Chief Ross Perley of Neqotkuk (Tobique), Chief Patricia Bernard of Matawaskiye (Madawaska), Chief Gabriel Atwin of Bilijk (Kingsclear), Chief Shelley Sabattis of Welamukotuk (Oromocto), Chief Tim Paul of Wotstak (Woodstock) and Chief Allan Polchies of Sitansisk (St. Mary’s).

Much of the letter is a critique of the way the provincial Department of Aboriginal Affairs has been “overhauled” in a way that centralizes all interactions with First Nations “through a group that takes its lead from expensive external lawyers and Higgs.”

In August, CBC News reported that the department has doubled its spending and staffing since Higgs took power, including millions spent on lawyers from Cox & Palmer and Stewart McKelvey, who advise the government and sit with Higgs and key ministers on a steering committee guiding the province’s legal position.

The chiefs say in their letter that relations were becoming positive and productive with bureaucrats across many departments prior to Higgs. “Now, all discussions with First Nations are funnelled through a group of expensive corporate lawyers who answer only to Premier Blaine Higgs,” they said.

“We are not being consulted … a constitutional requirement and legally protected right. Instead, we are expected to be thankful for getting talked at by bureaucrats whose sole mandate is to check a box, tally the interaction and ensure those numbers get reported up the chain.”

CBC News asked for an interview with Aboriginal Affairs Minister Arlene Dunn but she was not available Friday.

In an emailed statement, she said her department identified a need two years ago for further consideration on how the province manages its day-to-day interactions with First Nations. “Through this process, opportunities for improvement were identified, to do better for First Nations and to ensure the Province is not just responding but is making concrete proactive steps to improving the lives of all members of First Nation communities,” she said.

Dunn said a mandate was later developed for a “whole-of-government approach,” that would help create a better understanding of First Nations’ needs and ensure that the province could deliver on commitments.

Dunn said she and Higgs have both met with First Nations on “many occasions” and have always been open to further meetings and discussions. “There are many other consultations, negotiations and engagements that are ongoing with First Nations on a daily basis, and I hope to be in a position to announce more successes in the coming weeks and months.”

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Tensions between Wolastoqey leaders and the government have been particularly high in the wake of a notice of a court action filed by the six communities in 2020, that claims title to about half of the province. The claim also specifically names N.B. Power and six of the province’s major forestry companies and 19 of their subsidiaries.

The move prompted Justice Minister Ted Flemming to direct civil servants to use specific wording when declaring First Nation land acknowledgements at public events.

It’s also prompted Higgs to say the claim would impact smaller landowners, which Wolastoqey leaders have denounced as false and an attempt at fear mongering.

The Wolastoqey chiefs have aired their disagreements with the Higgs government multiple times in recent months, however, their letter comes as the premier’s political fate could be put to the test.

New Brunswick’s political parties have positioned themselves in recent days for what could be an early provincial election this fall.

It comes after Higgs said the defiance of six rebel Tories in June “remains a big concern” and could lead him to call an election before the scheduled date of Oct. 21, 2024, to avoid “12 months of political drama causing instability and stagnation in government.”

The spectre of an early election has prompted Liberal Party Leader Susan Holt and Green Party Leader David Coon to make recent announcements about which ridings they intend to run in.

Coon pitches Crown land co-management

Coon said in an interview that Wolastoqey and Mi’kmaw people have been “tremendously disrespected” by Higgs’s government, adding that he thinks it’s failed to build any kind of relationship with them.

Responding to the chiefs’ letter, Coon said if he were premier, he would seek to build a relationship based on respect and recognition of the Peace and Friendship Treaties. “As a gesture of respect from the beginning, I would say let’s move into shared management of Crown lands … and go from there,” he said.

“That’s shared decision-making over how those Crown lands are used, what kind of forest management occurs on those Crown lands, and you know, we could sure use an Indigenous worldview applied to how our vast, vast Crown lands are managed.”

Holt wasn’t available for an interview before deadline Friday, but in an emailed statement said she agrees with the six chiefs that Higgs and his government have not built respectful or meaningful relationships with Indigenous people in the province.

“Mishandling this significant relationship with First Nations shows a lack of leadership and demonstrates an unwillingness to understand the law in Canada and quite frankly it’s an embarrassment to our province,” she said.

“A Holt government would renew the relationship with Indigenous communities by starting with respect and a shared understanding of our treaty obligations.”

ABOUT THE AUTHOR

Aidan Cox, Journalist

Aidan Cox is a journalist for the CBC based in Fredericton. He can be reached at aidan.cox@cbc.ca and followed on Twitter @Aidan4jrn.