The term "time immemorial" is a NPOV term. It is a Canadian legal term, borrowed from English common law, and used to signify claims by Indigenous peoples to indigenous title, hunting and fishing rights.
For examples of Supreme Court cases which use the term, see:
And, the Gladstone case cites a federal Order-in-Council from 1917 which uses the term.
Now, whether it applies in a particular case where indigenous historical occupation is asserted is a question of fact, but it is a NPOV term.
(None of which excuses an editor who says another editor is making bad faith edits when there is disagreement over the facts in issue in an article.)
Mr Serjeant Buzfuz (talk) 21:11, 6 September 2025 (UTC)
- The reason I claimed "bad faith", which I am only reading the article now, is because the user has a long history of deleting edits with regard to Indigenous topics, taking issue with the most minor of details and using that as an excuse to erase any evidence of Indigenous presence. Reading up on bad faith, this seems to me to be, or be approaching, sealioning behaviour. However, I could be mistaken, and it may not fall under such a label; I am still navigating my way around proper Wikipedia rulesets despite my years as an (armchair) editor. If this behaviour does not fall under "bad faith," I sincerely apologize for leveraging such a claim. Danachos (talk) 23:08, 6 September 2025 (UTC)
- You may also find it helpful to look at Wikipedia:Dispute resolution – Focus on Content. Mr Serjeant Buzfuz (talk) 04:18, 7 September 2025 (UTC)
- I'll take a look at this and do a cleanup. Just going to find some good sources. Moxy🍁 02:07, 12 September 2025 (UTC)
- "Time immemorial" is incorrect, regardless of our feelings about the situation. It is believed that the Mi'kmaq emigrated from the West (see Mikmaq#History). This seems like it's extending into a case of of righting great wrongs now. MediaKyle (talk) 19:51, 21 December 2025 (UTC)
- Show us a source more recent than 1871, my guy. Or, rather let me: Nova Scotia Archives; there is L'nuey's article on the Peace and Friendship Treaties; as well as Elaine Jeffrey's masters thesis which touches on the subject. There is the book First Nations, Identity, and Reserve Life: The Mi'kmaq of Nova Scotia by Simone Poliandri which, on page 30 states: "Tuck remarked that Mi'kmaw culture seems to have acquired a fairly stable and homogeneous character, albeit periodical and regional variations [sic], between 2,000 years [before present] and the time of European contact." Might I remind you that in British Law, time immemorial dates back to ~1189, well after this 2,000 year BP mark.[1] The earliest identifiable Mi'kmaw petroglyphs at Kejimkujik National Park are estimated to be between 800 and 1,000 years old, again within the time frame of time immemorial. Although researchers are rightfully hesitant to say whether "Paleo-Indians" from thousands of years ago are the ancestors of the Mi'kmaq, there is an unbroken line from Debert's archaeological site dating 10,000 years BP to today. For example, Roger J. Lewis writes in his master's thesis (pg. 22): "Archaeological evidence in southwestern Nova Scotia suggests at least a 4,000 year plus history of traditional land and resource use." Finally, in all the modern literature, I see no one claiming that the Mi'kmaq came from the West.
- But, for the term "time immemorial" which, again as Mr Serjeant Buzfuz kindly pointed out, is a proper and commonly employed term in Canadian law, there are even more sources that highlight the reality that Mi'kmaq having been living in their country since then. Cape Breton University writes: "The Mi’kmaw Nation has lived and occupied the area now known as the Atlantic Provinces and the southern Gaspè Peninsula since time immemorial." The Nova Scotia Archives, in their Mi'kmaq Holdings Resource Guide, more poetically states: "They are different words, but contain the same spirit of continuity and solidarity that has defined the eloquence and endurance of the Mi'kmaq Nation 'since Time Immemorial.'" Parks Canada uses the phrase on their Connect with Mi'kmaw culture page. Even the act legislating Mi'kmawi'simk as Nova Scotia's official original language employs it!
- The use of "time immemorial" is so far out of question that the edit war of User:MediaKyle has no basis in modern academia. This is not a case of righting great wrongs, this is a case of modern, factual reporting. Danachos (talk) 20:51, 21 December 2025 (UTC) Danachos (talk) 20:51, 21 December 2025 (UTC)
- "Time immemorial" is imprecise and unencyclopedic. Find an approximate date, or just say "historic". Time immemorial sounds silly. Magnolia677 (talk) 21:14, 21 December 2025 (UTC)
- I fail to see how it is unencyclopedic or silly to use well-established Canadian legal terminology, used by the Supreme Court of Canada and the federal Cabinet in judgments and official documents. Mr Serjeant Buzfuz (talk) 21:57, 21 December 2025 (UTC)
- Actually I would say that "historic" is incorrect in this context, because the arrival of indigenous peoples in New Brunswick was before any historical record. "Time immemorial" has an article explaining the accepted use of this term, so I think it should be used in the section Indigenous societies with a link to that article. I would also add quotation marks ("time immemorial") to stress that it is a legally defined term.Dirac66 (talk) 22:04, 21 December 2025 (UTC)
- When I've used quotation marks to indicate I'm using a legally defined term, I've had them deleted as scare quotes. Mr Serjeant Buzfuz (talk) 22:16, 21 December 2025 (UTC)
This has been discussed at MOS:REALTIME which states:
Expressions like "former", "in the past", and "traditionally" lump together unspecified periods in the past. "Traditional" is particularly pernicious because it implies immemorial established usage.
If you don't know the date the Indigenous moved into the area, then say "in approximately 2000 BC", or something encylopedic like that. I'm sure the date has been documented someplace, and readers will benefit from this bit of knowledge. Magnolia677 (talk) 22:29, 21 December 2025 (UTC)
- With respect to this comment from MediaKyle: "It is believed that the Mi'kmaq emigrated from the West (see Mikmaq#History)." — From my reading of the SCC cases, the Court uses the term to mean "before European contact". Oral history can record events that happened before European contact. The fact that this oral history was written down in 1871 does not establish that the Mi’kmaw came from the west after European contact. (Further than that I can't comment, because I know nothing about the details of the Mi'kmaw history.) Mr Serjeant Buzfuz (talk) 22:34, 21 December 2025 (UTC)
- With respect to MOS:REALTIME: Wikipedia's style manual cannot prevent us from using legal terminology used by the Supreme Court of Canada and the federal Cabinet.
- Mr Serjeant Buzfuz (talk) 22:38, 21 December 2025 (UTC)
- Time immemorial is a legal term of art, and can certainly be used in a NPOV way in legal contexts. I don’t think it is the best plain language option for making a general statement about the history of a place.--Trystan (talk) 01:33, 22 December 2025 (UTC)
- I'm sort of inclined to agree with Trystan here. While I don’t have a alternate term to propose in its place, I do feel the need to point out that the fact "time immemorial" is legal WP:JARGON is itself a strong reason to at least explore alternative phrasing for accessibility sake. Legal terms like that are opaque on their own and we should not be relying on readers to "click the wikilink" to gain an understanding of what it entails (cue the often brought up stat somewhere in the MoS showcasing only a minute percentage of readers even clicks wlinks).
- Like, while I normally support the idea that articles should mirror the language used in reliable sources as closely as possible, this feels like a case where some editorial discretion is warranted in the interest of reader accessibility and plain language. Leventio (talk) 03:54, 22 December 2025 (UTC)
- I appreciate the point, but that sounds like we’d be trying to come up with our own non-standard term to capture what’s included in the term “time immemorial” but without using that term. Mr Serjeant Buzfuz (talk) 16:54, 23 December 2025 (UTC)