proof of title to New Brunswick

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The Mi'kmaq Warriors Society has demanded a list of documents that constitute proof of title to New Brunswick Crown lands and waters. [1]

The Elsipogtog Council, Local Service Districts, Migmag Grand Council and Wabanaki Confederacy have different but similar demands to:

  • Produce all Bills of Sales, Sold, Ceded, Granted and Extinguished Lands for New Brunswick.
  • Produce documents proving Cabot's Doctrine of Discovery.
  • Produce the Treaty of Peace and Friendship, 1686.
  • Produce Treaty of Fort Howe, 1768.
  • Produce consents for Loyalists to land in Nova Scotia/New Brunswick.
  • Produce records of Townships created and consents by Chiefs to allow this.
  • Produce agreements or consents by all New Brunswick Chiefs who agreed to Confederation of 1867.
  • Produce evidence of consents to The Indian Act by all Native Tribes.
  • Produce records of Trust Funds.
  • Produce agreements for 4% of all mineral shares of finished products in Canada, except coal.
  • Produce all correspondence letters pertaining to Numbered Treaties (Promises).
  • Produce all documents creating border divisions, that divide the Wabanaki Confederacy.
  • Produce the Orders from the Lords of Trade to the Governor of the Colonies.

Essentially these documents would establish beyond a reasonable doubt what most history and legal experts already claim: That no modern nor historical treaty exists whatsoever to justify title to New Brunswick Crown lands and waters.

As late as 1927 it was a crime in Canada to raise funds to pursue native land claims. Movement between native reserves was also restricted and required a pass from an Indian Agent. Accordingly the pursuit of these lawful rights has been difficult and deliberately inhibited by racist genocidal regimes.


The associated history is complex but well documented [2] Most histories are very biased and cite the surrender document of the Abenakis to Massachusetts as the model or prototype for all other agreements:

"Though there was no stipulation that the Indians cede any territory, the Abenakis were required to agree: That their Majesties subjects the English shall and may peaceably and quietly enter upon, improve, and forever enjoy all and singular their rights of lands, and former settlements and possessions within the eastern parts of the said province of the Massachusetts Bay, without any pretensions or claims by us, or any other Indians, and be in no wise molested, interrupted or disturbed therein.

The Abenakis further agreed:

If any controversies or difference at any time hereafter happen to arise between any of the English and Indians, for any real or supposed wrong or injury done on one side or the other, no private revenge shall be taken by the Indians for the same, but proper application be made to their Majesties’ government upon the place, for remedy thereof, in a due course of justice; we hereby submitting ourselves to be ruled and governed by their Majesties laws, and desire to have the benefit of the same.

Abenakis were also forced to agree that any trade between themselves and the colonists should be regulated by the Massachusetts General Court or the governor... the treaty was in reality an instrument of surrender. The Indians were the ones required to make the concessions, not the colony of Massachusetts.

Neither the Micmacs (Mi'kmaq) nor Malecites (Maliseet) who were also making war upon New England, were included in the treaty. An expediency signed under the exigencies of war, whose main purpose was to end the conflict on New England’s frontier, the treaty became a model for future agreements between New England, Nova Scotia, the Abenakis and the Maritime Indians..."

Yet in none of these was there any "stipulation that the Indians cede any territory." Thus even in those histories that describe the treaties as a "surrender" there is no implication that title to lands was lost.

The official Government of Canada account of these events [3] acknowledges a continuous history of request to live up to the treaty terms being refused:

"Over the following two hundred years, both communities petitioned governments, attempting to force them to reconsider their policies in light of the legal regime created by the treaties. They were particularly concerned that governments had failed to honour agreements regarding the protection of fishing, hunting, and planting grounds and pointed to the fact that most of their people were impoverished.

Though governments refused to honour the treaties, they did agree to create reserves. These reserves were established throughout much of Atlantic Canada in the 19th century. In general, the reserves were placed in areas which by then were frequented by Maliseet and Mi'kmaq families. In some cases, this led to a reserve's location in an area used by the community. However, this was not always true, particularly in Nova Scotia where disputes over land were often settled in favour of white settlers. Moreover, the reserves were usually too small and the land too infertile to support a large population."