Warman v Francis et al, 1958 CanLII 284 (NBQB)

This case was heard in the New Brunswick Court of Queen’s Bench, Trial Division.

The Plaintiff in this case was a farmer who wanted to stop certain Mi'kmaw individuals from cutting timber on lands to which he held title and removing the cut timber from those lands. The Mi'kmaw Defendants claimed that the Plaintiff did not in fact own the land, and they argued that it belonged to their Band according to the Mi'kmaw-British Treaty of 1752. The Defendants also relied on the Royal Proclamation of 1763 as establishing their right to the lands.

The Court held that the Treaty of 1752 did not grant any lands and so did not support the Defendants' claim, and it likewise held that the Royal Proclamation of 1763 could not assist the Defendants. The Court held that the Defendants' historical community had surrendered its rights to the lands in question in 1879, and that the record of ownership following that surrender supported the Plaintiff farmer's title claim. The Court therefore found that the Plaintiff had a right to the lands, and it held that the Defendants must pay damages for the removal of the timber.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1958/1958canlii284/1958canlii284.html

Case Date: 1958-05-20

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