NITASSINAN, ESSIPIT and
MASHTEUIATSH, QC,
June 26,
2024 /CNW/ - The Innu Essipit First Nation and
Pekuakamiulnuatsh Takuhikan (Pekuakamiulnuatsh First Nation)
welcome the decision of the Superior Court of Quebec rendered on June
21, National Indigenous Peoples Day, which agrees with them
and orders the Government of Quebec to put in place, by September 30, 2024, a separate consultation
process with them in relation to the development and implementation
of the Strategy on the Woodland and Mountain caribou.
This decision follows a legal action taken in February 2022 by the Councils of Essipit and
Mashteuiatsh on the basis that
Quebec had failed in its
constitutional obligation to consult them regarding the development
of the Strategy. The Court ruled in favour of Essipit and
Mashteuiatsh, stating that "the
duty incumbent on government authorities to implement the means to
promote reconciliation with Indigenous communities cannot lead to
any other conclusion."
"Quebec's reluctance to
collaborate with us on this issue is unacceptable and do not
respect the Nation-to-Nation relationship. We have reached
out to the Government of Quebec on
several occasions to prevent this from happening. Now, justice has
been served. This is a major step forward in the recognition and
protection of our Aboriginal rights and a landmark decision on
Indigenous consultation in Quebec," said Pekuakamiulnuatsh Takuhikan
Chief Gilbert Dominique.
By stating that Quebec's
attitude is not compatible with the honour of the Crown, the Court
specified that the government continues to fail to meet its
obligation by unduly postponing the consultation on the development
of the Strategy, which has been awaited for too long, thus putting
at greater risk not only the survival of the species, but also the
protection of the ancestral rights of Essipit and Mashteuiatsh. "In addition to violating
their right to be consulted, the situation of the caribou
deteriorates further during this time and the government is still
not in a position to indicate to the Tribunal when the proposed
Protection Strategy will be communicated. As a result, their
ancestral rights and titles are also being threatened given the
central place occupied by the caribou, whose condition continues to
weaken" wrote Justice Marie
Cossette.
"The worrying situation of Atiku, a species
essential to our cultural survival, is such that we had to take
action for our communities. Quebec's disrespectful attitude has forced us
to go to court. We hope that the Quebec government will accept this decision
and act accordingly. We will participate in the consultation
process with openness, hoping for a sincere and honourable
participation from the government," said Chief Martin Dufour of Essipit.
Key elements of the Superior Court's decision:
- The government has failed to uphold the honour of the Crown by
failing to initiate a consultation process.
- This process should have been in place a long time ago.
- Quebec's infringements are
both in the past and still ongoing.
- The clarity of Aboriginal rights and the seriousness of their
potential infringement mean that a high degree of consultation is
expected from the government in the development of the Caribou
Strategy.
- The consultation must be launched by 30
September 2024.
- Once the process is completed, it will then be possible to
determine whether accommodations need to be provided in order to
avoid irreparable harm or reduce the consequences of an
infringement of Innu rights.
SOURCE Innu Essipit First Nation and Pekuakamiulnuatsh
Takuhikan