Elsipogtog First Nation Close to Final Settlement in 1824 Illegal Taking Land Claim

Elsipogtog First Nation Pursues Land Justice Through Historic Claims and Title Case

Elsipogtog First Nation is currently in negotiations with the federal and provincial governments on two significant legal cases, both aimed at addressing the long legacy of stolen Mi’kmaq land in what is now known as New Brunswick.

To better understand what’s at stake and where things stand, NB Media Co-op volunteer Lance Francis—a St. Thomas University student and member of Elsipogtog—sat down with lawyer Amy Sock of the Elsipogtog Claims Centre.

Sock outlined the two legal processes currently in motion. The first, known as the 1824 Illegal Taking Claim, focuses on the historic loss of reserve land. This case involves negotiations primarily with the federal government.

In the early 1800s, colonial authorities set aside over 50,000 acres of land for the so-called Richibucto Tribe of Indians, now recognized as Elsipogtog First Nation. Today, the community’s reserve lands have been reduced to just 4,600 acres. In 2020, the Government of Canada formally acknowledged it had breached its fiduciary duty and offered to enter into settlement negotiations.

As part of those talks, the federal government has provided a $30 million advance to Elsipogtog, a portion of which has been distributed to community members in $1,000 payments. However, some residents have raised concerns about delays in the distribution process and limited communication around next steps.

A community referendum on the final settlement and how the compensation will be allocated is anticipated by 2026, likely ahead of the next band election. “It could be another couple of years,” said Sock, “but I’m thinking that it’s going to be sooner.”

The second legal process is a comprehensive Indigenous title claim—a far-reaching case with the potential to reshape the legal relationship between the Mi’kmaq Nation and the Crown. Elsipogtog asserted title in 2016 to approximately one-third of the province of New Brunswick, claiming unceded Mi’kmaq traditional territory.

More recently, eight other Mi’kmaq First Nations in the province have come forward with a broader title claim that overlaps with the area Elsipogtog had previously asserted. Those nations are working through Mi’gmawe’l Tplu’taqnn Inc. (MTI), a collective that represents Mi’kmaq interests in the region. According to Sock, discussions are underway between Elsipogtog and MTI to harmonize their legal strategies and avoid duplication.

“The comprehensive land claim is on a larger scale and encompasses more than half of all New Brunswick,” Sock said. “We consider it to be Mi’kmaq unceded traditional territory.”

Meanwhile, the Wolastoqey Nation filed a separate title claim in 2021, covering the western half of the province. That claim overlaps with parts of the Mi’kmaq title case, but Indigenous leaders have emphasized that the nations are not in conflict with one another, highlighting the need for mutual respect and coordinated action.

Sock added that the Mi’kmaq title case may ultimately lead to a self-governance agreement, though she estimates it could take as long as a decade to resolve. “These processes take time,” she said. “But they’re necessary for justice.”