New Brunswick

Peskotomuhkati chief, 79, battles a ticking clock in fight for formal recognition

The Peskotomuhkati First Nation, also known as the Passamaquoddy, has sought recognition from the Canadian government for decades but have yet to see any significant movement.

Peskotomuhkati recognized in U.S. but 'legislated out of existence' in N.B., chief says

A man with white hair and a mustache dressed in red and blue sitting at a desk looking right into the camera.
Peskotomuhkati Chief Hugh Akagi says he would like to see formal recognition for his people in his lifetime. (Submitted by Cynthia Howland)

The Peskotomuhkati First Nation, also known as the Passamaquoddy, has sought recognition from the Canadian government for decades but has yet to see any firm action taken.

However, recent talks with the new provincial government in New Brunswick are giving hope to Chief Hugh Akagi. 

The Peskotomuhkati, whose traditional territory includes the St. Croix River and Passamaquoddy Bay watershed,have two communities in Maine and one in New Brunswick, in the southwest. They live in both Canada and the United States, but are only officially recognized in the U.S.

Akagi said this is because of the "inconvenience" their existence creates for national boundaries, and a decades-long oversight on the Canadian side of the border.

"It's a little bit of magic, that we can be legislated out of existence," he said.

"Is it something that somebody forgot to make happen or was there a convenience or an inconvenience because we were seen as a border tribe. Border tribes are seen as problems.

"I don't think it was an accident when they said, 'Oh, the Passamaquoddy no longer exists because there are no Passamaquoddy registered in Canada.' So, Canada left us off the books and, as a result, we cease to exist."

In 2019, the Peskotimuhkati signed a formal agreement with the federal and provincial governments to begin the process of official recognition in Canada. However, no recognition has yet occurred. 

"There are numerous reasons. We can call them excuses, we can call them legitimate, but a lot of it has to do with the government," Akagi said. When initially proposed, the government's commitments were very significant.

However, as talks went on, he said, they were "watered down."

CBC reached out to both the provincial and federal governments about the issue. Each issued brief statements. 

"We continue to participate in bilateral and tripartite negotiations while the matter of recognition is negotiated between the federal government and the Peskotomuhkati," Keith Chiasson, New Brunswick's minister of Indigenous affairs, said in a statement.

A man looks left, and we see the side of his face. The boat passes by in the background.
Hugh Akagi represents the Peskotomuhkati First Nation, which straddles the Canada-U.S. border. (Jacob Moore/CBC)

Eric Head, a spokesperson for Indigenous Services Canada, said discussions with Peskotomuhkati First Nation on "potential formal recognition as a band under the Indian Act are ongoing." He described the discussions as confidential, and said it "would be inappropriate to provide further details" to the public. 

"More information, including next steps, will be shared directly with the community when it is available." 

One of the major issues that this lack of recognition causes is the absence of government funding. Akagi said the Canadian government does not view them as legitimate as they do not fit the structure the government uses to view and categorize Indigenous peoples. 

LISTEN | Hugh Akagi speaks with the CBC's Emily Brass about the decades-long fight of the Peskotomuhkati: 
Chief Hugh Akagi of the Peskotomuhkati Nation updates us on the latest talks with two levels of government and why he is fighting to see his community formally recognized as a First Nation.

"Their programs are all based on reserve thinking," Akagi said. "As a result, I don't fit that mould. I don't have access to their resources. So I have no funding for health to support my community. I have no funding for education, all of these things that the other communities have."

The Peskotomuhkati launched legal action against the government of New Brunswick before the change in government last fall. Akagi said he hopes that they will have a better relationship with the new government and that officials have been open to meeting with him so far. 

Akagi, who is 79, has seen how slowly the wheels of government can grind. Asked during an interview with Information Morning Saint John if he was concerned that he might not see the day when the Peskotomuhkati are formally recognized, he said, "to be honest, again, it's not a concern." 

That said, he would like to witness it himself. 

"I am running out of time, but I don't have time to worry," he said. "I can only do what I need to do, what I have time to do. I've had incredible support as a nation. I've had incredible support from other nations. I've had incredible support from my own people. I've had incredible people come to the door."

ABOUT THE AUTHOR

Luke Beirne

Researcher

Luke Beirne is a researcher at CBC News in Saint John. He is also a writer and the author of three novels. You can reach him at luke.beirne@cbc.ca.

With files from Information Morning

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