New Brunswick's First Nations are pursuing Aboriginal title to the entire province, but the provincial legislature is nonetheless offering its courts to enforce their bylaws. Last week, the New Brunswick Liberals introduced Bill 50, titled "An Act Respecting the Enforcement of First Nations Laws and the Prosecution of Offences under First Nations Laws." This legislation would designate provincial courts as venues for enforcing First Nations bylaws.
The bill includes several smaller changes to facilitate enforcement, such as extending the jurisdiction of probation officers and the youth corrections system to cover First Nations rules, and exempting First Nations enforcement officers from court record copying fees, just as peace officers are exempt.
In essence, the province is treating First Nations similarly to municipalities: provincial courts enforce municipal bylaws, so why not Indigenous bylaws? However, a critical difference exists. Municipalities are created by provinces and operate under provincial authority. Provincial ministers, such as New Brunswick's Minister of Local Affairs Aaron Kennedy, have oversight over municipal bylaws, spending, and conduct. No such authority exists over First Nations reserves.
First Nations reserves are creations of the federal government, not provinces. The federal government sets the parameters for First Nations bylaws, including what they can regulate, penalties, and taxation. Enforcing these bylaws is a federal responsibility. The Indian Act allows the federal government to appoint justices of the peace for this purpose, but according to University of Saskatchewan professor Ben Ralston, no such appointments have been made since 2003.
This lack of enforcement has created a legal limbo. For example, in 2024, Neqotkuk First Nation Chief Ross Perley of the Maliseet/Wolastoqey community told CBC that community banishment rules were not being enforced by the RCMP. In January 2026, reports indicated that an RCMP detachment in the chief's community had been closed after an officer shot and killed a man during a domestic dispute call. The man had advanced with an edged weapon toward an officer, and a taser was ineffective, leading to the fatal shooting.
Bill 50 aims to address this enforcement gap, but it raises questions about jurisdictional boundaries and the province's role in Indigenous governance. As First Nations continue their fight for Aboriginal title, the bill represents a significant shift in how Indigenous laws are integrated into the provincial justice system.
