Reserves in New Brunswick

Peace and Friendship Treaties

Between 1725 and 1779, the British signed a series of treaties with Indigenous peoples in what would become Atlantic Canada and the Northeastern United States, namely the Mi’kmaq, Wolastoqiyik, Abenaki, Penobscot and Passamaquoddy. Known as the Peace and Friendship Treaties, the agreements contained no monetary or land transfer provisions. Instead, the Indigenous signatories promised they would live peaceably with the British, and in turn the British promised that the Indigenous signatories would continue to have access to land and resources.

Early Colonialism

Reserve creation in New Brunswick began in the 18th century and continued into the 20th century. During this period, Indigenous peoples were feeling intense pressures from colonialism. At the start of the reserve creation process, what is now the province of New Brunswick was still contained within the colony of Nova Scotia. New Brunswick became a separate colony from Nova Scotia in 1784. In the early 1780s, at the end of the American Revolution, an increasing number of Loyalists began settling in the Maritimes. By November 1785, 10,824 Loyalists had arrived in what would become New Brunswick. Indigenous peoples did not use the land as intensively as the settlers, a fact that was viewed by the latter as justification for dispossessing the former. As settlers encroached on traditional hunting and fishing territories, wildlife populations declined, and the Mi’kmaq and Wolastoqiyik began to have challenges providing for themselves. Indigenous peoples responded to these changing circumstances by increasingly turning to farming.

Additionally, the colonial government placed increasing pressure on Indigenous peoples to abandon hunting and adopt an agricultural lifestyle. Nova Scotia successfully secured cash grants from the British government to encourage Indigenous peoples to farm. However, in New Brunswick the government encouraged the New England Company to develop plans to promote animal husbandry within the Indigenous communities. The New England Company was an English Protestant missionary society that, following the American Revolution, concentrated its activities in Canada.

Licenses of Occupation

In the 1780s, licences of occupation emerged as a standard method for establishing reserves for the First Nations of New Brunswick, although it was not always followed. In contrast to fee simple land, in which the holder is entitled to all rights of ownership, under a licence of occupation the land remained Crown land and could not be sold or transferred by Indigenous peoples from one party to another.

The precedent for licences of occupation was set in 1783 with the establishment of a reserve for the Mi’kmaq on the Miramichi River. The British established this reserve during the American Revolution. When the French allied with the Americans, the French admiral Comte d’Estaing called for uprisings in former French colonies. Consequently, the Mi’kmaq, who had a history of allying with the French during their conflicts with the British, threatened to kill all of the English settlers on the Miramichi River. Chief John Julian and his community (present-day Metepenagiag Mi’kmaq Nation) intervened on behalf of the settlers. The decision to side with the British was a calculated one. The balance of power had shifted in favour of the British and the community feared retaliation. Moreover, they received powder, bullets and provisions. The colonial government appointed Julian as “Chief of the Miramichi Indians” to reward his loyalty and set aside 20,000 acres for his community.

When New Brunswick became a separate colony in 1784, the new colonial government created a lands committee to receive and determine land grant petitions. In 1789, they issued licences of occupation for what became known as the Eel Ground reserve, and in 1805 for what became known as the Red Bank, Big Hole and Indian Point Reserves. With time, the New Brunswick government moved away from licences of occupation as a means of creating reserves. This was due to the fact that a licence of occupation required surveys, which were not cost effective. Instead, under a new policy, the provincial secretary provided a certificate, prepared by the surveyor general, briefly describing the lands.

By 1810–11, the New Brunswick government had set aside 60,000 acres of land for the Mik’kmaq and Wolastoqiyik. The government’s approach to reserve creation was to ensure that they had a limited impact on the settlement of the colony. With time, various reserves, such as the St. Mary’s Reserve and the Eel Ground Reserve, were split up.

Squatters

Though reserves had been created, many remained unsurveyed, leaving their boundaries unclear. As a result, both Indigenous communities and the New Brunswick government faced the issue of squatters. For example, on 28 June 1788, Lieutenant-Governor Thomas Carleton issued an order prohibiting settlers from occupying lands in Richibucto. The order read:

Whereas complaint has been made to me by Michael Morris Sachem on behalf of the Indians of the Village of Richibucto — that sundry persons have attempted to make Settlements within the district of the said Village without any authority from the Government and to the great prejudice of the Indian Inhabitants, I do therefore hereby strictly forbid all persons whatever to settle or occupy any lands, without authority from Government or consent of the said Indian Inhabitants within the Limits of the said Village, which will in due time be ascertained by the actual Survey.

Additionally, even though the Mi’kmaq and the Wolastoqiyik were not permitted to sell reserve lands, except to the Crown, John Julian’s family had begun selling land from the Eel Ground Reserve to non-Indigenous peoples as early as 1793. On 20 October 1815, New Brunswick’s executive council issued an order preventing the “sale or exchange of land reserved for the use of Indians … [and] any persons committing a trespass of any of those lands will be prosecuted by the Attorney General.”

Various suggestions emerged for dealing with settler encroachment on reserve lands. For example, an 1839 report on Indigenous peoples in Northumberland County recommended the sell-off of portions of reserve lands. The funds would be used to support elderly and infirm members of the Mi’kmaq community. Additionally, the government adopted a policy of leasing land to settlers, the proceeds of which were to be used to the benefit of the Mi’kmaq and Wolastoqiyik. In 1841,the government also issued an additional proclamation ordering the removal of squatters on reserve lands.

As the colonial government sought to address the issue of squatters on reserve lands during the late 1830s and early 1840s, they appointed lawyer Moses Perley to visit and report upon reserve lands. These reports provide a comprehensive view of the reserve populations, lifestyles of the Indigenous occupants, the amount of land under cultivation and the squatter situation. For example, in discussing squatters at Tobique, Perley stated that the land should be “judiciously leased, and their numerous resources developed and rendered available, [so that] a Revenue might be derived from them sufficient not only to educate all the children of the Tribe, but also to feed and clothe them during the period of such education.”

In 1844, the Province of New Brunswick passed An Act to Regulate the Management and Disposal of the Indian Reserves in this Province. This Act attempted to reconcile the interests of the Indigenous peoples of New Brunswick with those of the squatters. Under the Act, reserve land could be leased or sold at a public auction with the proceeds being placed in a special Indian Fund. These funds were to provide relief to members of the Mi’kmaq and Wolastoqiyik communities who were in need as well as to purchase seeds and farming equipment. Moreover, the Indian Fund was viewed as a way of easing the financial burden of Indigenous peoples’ welfare on the provincial budget. Unfortunately, the Indian Fund never achieved its goals. For example, by 1865, the Tobique Band had not received compensation for lands that they had lost under the 1844 legislation.

Reserves Following Confederation

In 1867, New Brunswick became a province of the newly created Dominion of Canada, and the federal government assumed responsibility for reserves. The Indian Act, passed in 1876, gave the federal government further control over reserves and set parameters for the surrendering of reserve lands. However, the federal government administered some reserve surrenders prior to the passage of the Indian Act. For example, the Buctouche reserve saw three surrenders. The first two, occurring in 1870 and 1871, reduced its size from 4,665 acres to 350 acres. An additional land surrender in 1882 was referred to as “an informal surrender.”

Early plans for settlement were met by resistance by Indigenous peoples. However, by the end of the 19th century, most Mi’kmaq had settled on reserves. As the Canadian government continued British policies of assimilation, they encouraged successful Indigenous people to move away from reserves. A number of the reserves became the sites of day schools.

Reserve Governance

The federal government imposed a system of governance on First Nation communities (referred to as bands within the legislation) via the Indian Act. While the Act granted Indigenous people some participation in the administration of their communities, it Act did not consider or accommodate the differences between each community. Today, Indian Act band councils are generally elected every two years. Each band is represented by one chief and one councillor per 100 band members with a minimum of two councillors representing a band. Within New Brunswick, the Eel River Bar First Nation and Saint Mary’s First Nation use this system.

Buctouche and Madawaska Maliseet First Nations observe the Custom or Community Electoral System. Under this system, First Nation communities can develop their own election codes by making a request to the Minister of Indigenous Services to remove the First Nation from the electoral provisions of the Indian Act. Community election codes vary between First Nations.

The remaining 11 New Brunswick First Nations’ governance systems fall under the First Nations Elections Act. This Act, which came into force in 2015, was developed in collaboration with First Nation organizations. Under the Act, chiefs and councils serve four-year terms.