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Or sign-in if you have an account.Photo by Brunswick News ArchiveThe First Nations of New Brunswick are currently fighting for title to the entire province, but that hasn’t stopped the local legislature from offering up its courts for their use.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorLast week, the N.B. Liberals tabled Bill 50, “An Act Respecting the Enforcement of First Nations Laws and the Prosecution of Offences under First Nations Laws.” It would designate New Brunswick courts as the place to enforce First Nations bylaws.The bill would also make a number of smaller changes to achieve enforcement, including extending the jurisdiction of probation officers and the youth corrections scheme to cover First Nations rules, and exempting First Nations enforcement officers from court record copying fees just as peace officers are.This newsletter from NP Comment tackles the topics you care about. (Subscriber-exclusive edition on Fridays)By signing up you consent to receive the above newsletter from Postmedia Network Inc.We encountered an issue signing you up. Please try againIn a way, the province is trying to treat First Nations as municipalities: courts can enforce municipal bylaws, so why not those of the Indigenous?But there is an important difference. Every municipal bylaw exists under the blessing of the province: provinces create municipalities, provinces have full constitutional authority over municipalities, and provinces have the power to curb the bylaws of municipalities. Wonton city councillors, wasteful spending and outrageous bylaws are ultimately the responsibility of the provincial minister in charge of municipal matters — in New Brunswick, that’s Minister of Local Affairs Aaron Kennedy.Kennedy has no such authority over what happens in a First Nations reserve, however. Though their character is like that of a municipality, they are creations of the federal government. The feds set the parameters on what First Nations bylaws can regulate, what their penalties can be, how much taxation can occur, etc.Seeing to the enforcement of First Nations bylaws is a federal responsibility. Indeed, the Indian Act allows the feds to appoint justices of the peace to deal with these issues. That is, not a real judge, but a person with the authority to decide matters like traffic tickets and bail. Apparently, the feds simply haven’t been doing this: last year, University of Saskatchewan professor Ben Ralston told APTN that the federal government hasn’t appointed any justices of the peace for this purpose since 2003.The result is enforcement purgatory. In New Brunswick, Neqotkuk First Nation Chief Ross Perley of the Maliseet/Wolastoqey complained to CBC in 2024 that community banishment rules weren’t being enforced by the RCMP. In January 2026, news reports indicated that the RCMP had a detachment in the chief’s community, but it had been freshly closed because an officer shot and killed someone there. Specifically, the subject of a domestic dispute call had advanced with an edged weapon towards a responding officer and, according to police, a taser was deployed to no avail; after that, an officer shot the man.Perley said that officers were in the wrong for responding in the first place; policy was that they request assistance from tribal security or outreach workers. The family members who witnessed the event said the RCMP account of events was simply wrong. The investigation is underway, but even without its results, you can see the tension between how police do things and how a First Nations community might want things to be done. Not all domestic disputes escalate to the point of extreme violence or death, but it’s possible they can — and officers have no way of knowing if waiting around for a social worker will end up getting someone killed.Over in B.C., the Heiltsuk First Nation sued the RCMP in 2025 for not enforcing its bylaws, particularly those that relate to trespass.It’s a problem, but it’s a federal problem. New Brunswick offering up its courts to handle Indigenous bylaws sets an expectation that provinces elsewhere do the same, and well, it shouldn’t be up to them in the first place. The justice system is already at capacity and provincial resources shouldn’t be going to federal matters. Or, here’s a thought, abolish the Indian Act system and make reserves into regular old municipalities. If the feds can’t handle their half of our two-tiered approach to local government, they should give it up.New Brunswick’s proposal would at least make more sense if there were no other major battles for sovereignty going on in the background; federal inadequacy to meet the moment aside, the province’s MLAs still want the people living there to live a good life. But the Indigenous people of New Brunswick are currently in the midst of trying to acquire Aboriginal title to the entire province; there exists a growing movement to formalize Indigenous legal orders apart from the rest of Canadian law; and, as of 2024, thanks to the Supreme Court, First Nations are exempt from Charter oversight as long as they can trace whatever rule in question to their collective rights as Aboriginal people.A split is growing in Canada, when it should be one system for all. It shouldn’t be encouraged — least of all in New Brunswick, where authorities are on the cusp of handing court capacity over to the same Indigenous people who hope to gain property rights to the whole province.National Post Get the latest from Jamie Sarkonak straight to your inbox Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.