Mi'gmawe'l Tplu'taqnn Inc. Statement of Claim

Please review this Statement of Claim by Mi’gmawe’l Tplu’taqnn Inc. (MTI), representing eight Mi’gmaq First Nations in New Brunswick seeking a declaration of Mi’gmaq Title in their territorial lands.

What is the legal framework under which the New Brunswick Court of Queen’s Bench will assess MTI’s claim? Based on the facts presented in the Statement of Claim, what key challenges or uncertainties might the claimants encounter under this framework?

The contemporary legal framework for “Aboriginal title” is complex and contains several elements that we have not yet encountered in our historical study of this area of law. Below is a map of the case materials to help you develop your understanding of this area of law with an eye toward addressing this week’s case study.

Doctrinal Map to Aboriginal Title #

Step 1: Background #

First, start by establishing in your own mind the context of the two leading cases on Aboriginal title. Read the introductory paragraphs of Delgamuukw and Tsilhqot’in for background on the parties and a brief review of the relevant caselaw.

Step 2: Test for Proof of Title #

At this step, you are addressing the question of what a plaintiff First Nation needs to demonstrate in order to successfully make out a claim for recognition* of Aboriginal title to a particular territory. Read the linked sections in *Delgamuukw* and *Tsilhqot’in* that deal with the 3-part test for proof of title, and then watch the video at the end of this topic in *Tsilhqot’in*.

Step 3: Content and Source of Title #

At this step, you are addressing the question of what rights are recognized on the part of a plaintiff First Nation if they are successful in making out their claim at Step 2. The step answers the question (which we have encountered several times before in the course): “What is Aboriginal title, from the common law’s perspective?” Read the linked excepts from Delgamuukw and Tsilhqot’in addressing these questions of content and source. Then watch the video at the end of the material on source and content in Tsilhqot’in.

Step 4: Infringement of Title #

Finally, once Aboriginal title has been proven and its content and source defined, the courts have left open the possibility that the Crown can justifiably infringe upon the rights associated with that title. What is the test and rationale for infringement? Read the Tsilhqot’in court’s judgement on infringement and watch the summary video at the end.