Expansion of land for maple syrup producers raises questions about treaty rights, forest management (part 1)

It might not be the sweet deal the Government of New Brunswick had in mind. 

When the province announced that it would expand the Crown land available for maple industry by 5,000 hectares, the New Brunswick Maple Syrup Association welcomed the news. 

But the president of that association has also criticized the province, calling on the government to revise forestry policies which he says are damaging native forests, including sugar maple stands. 

And a group representing Mi’kmaq communities in New Brunswick has condemned the provincial government over the decision.

Mi’gmawel Tplu’taqnn Inc. says the government failed to consult with First Nations ahead of the announcement. 

The province has defended its approach, stating in particular that consultations with First Nations will occur before any final decisions are made about expansions on Crown land. 

The dispute shows the contested nature of land and natural resources in the territory known as New Brunswick. 

5,000 hectares for maple production 

The newly available land will bring the total area for maple producers to 19,000 hectares over the course of five years. 

Existing sugaries will be able to apply for expansions, while new developments will go through a request for proposals process administered by Service New Brunswick. The deadline for new applications is Jan. 31, 2024.  

Forests cover about 6.1 million hectares of land in New Brunswick, and roughly half of that area is Crown land administered by the provincial government. 

MTI, a group representing the nine Mi’kmaq communities in New Brunswick, immediately condemned the move, saying in a media release that it learned about the plans on July 4, just before the province made the announcement. 

“There has been no consultation with Mi’gmaq communities on a Crown Maple Resource Strategy or the lands being used to expand the maple sugar industry,” MTI stated.

The provincial government didn’t respond to interview requests, but provided a statement attributed to Minister of Aboriginal Affairs Arlene Dunn. 

She said the consultation process was formally initiated on July 4, the date of the announcement.

“The provincial government is carrying out the Duty to Consult process with First Nations while also seeking interest from current and future maple sugar producers,” she said. 

“The consultation process with First Nations will be completed before any final decisions are made regarding future projects.”

Chief Terry Richardson of Oinpegitjoig (Pabineau) First Nation said consultations should have happened before the announcement. 

“It’s almost like they’re doing it backwards,” he told the NB Media Co-op. “This premier just doesn’t understand consultations, and it’s going to come at a cost to this province.”

MTI has stated that “we may be left with little choice but to challenge the validity of these leases” if their concerns aren’t addressed. Richardson also said the matter could end up before the courts. 

David Gordon Koch is a journalist with the NB Media Co-op. This reporting has been made possible in part by the Government of Canada, administered by the Canadian Association of Community Television Stations and Users (CACTUS).