A New Brunswick judge has ruled that Aboriginal title can be declared over privately owned land — even land they’re not fighting to reclaim. Justice Kathryn Gregory also ruled that land owners can’t be directly sued for the return of land. Instead, the fight is with the Crown. “I acknowledge such a declaration impacts everyone, Crown and non-Crown, but the legal declaration itself is against the Crown only. …As a result, she dismissed the case against all of the “industrial defendants,” including Irving Oil and J. D. Irving, leaving only the Crown as represented by the provincial and federal governments. Launched in 2021, the lawsuit asserts title to more than half of New Brunswick. …Although she dismissed the case against all of the industrial defendants, Gregory did say their land is still on the table. “The Crown may be directed or ordered to use its expropriation powers” to return land to the Wolastoqey, she said.