First Nations win Quebec Superior Court decision
A recent Quebec Superior Court decision agreed that the provincial government has an obligation to consult with First Nations on wildlife considerations on their traditional unceded territory, it said in a decision late last month.
The June 21 decision from Quebec Superior Court Justice Marie Cossette ruled the government not only failed in its duty to consult First Nations on matters of caribou hunting and conservation – but also ruled the consultation must be launched by September 30.
“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,” she said in her decision. “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.”
The suit was originally filed in 2022 by the Innu Essipit First Nation and Pekuakamiulnuatsh First Nation, with those communities challenging the legality of the province’s strategy on woodland and mountain caribou
Cossette agreed.
“The duty incumbent on government authorities to implement the means to promote reconciliation with Indigenous communities cannot lead to any other conclusion," she wrote in her decision, saying the government has failed to uphold the honour of the Crown by failing to initiate a consultation process and that the process should have been in place a long time ago. She also ruled that Quebec's infringements on First Nations’ rights in this matter are both in the past and still ongoing.
“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,” said Pekuakamiulnuatsh First Nation Chief Gilbert Dominique. “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.”
Cossette also wrote in her decision that “once the (consultation) 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.”
The situation wherein caribou find themselves is “worrying,” the chief of the Innu Essipit community said.
"The worrying situation of Atiku (caribou), 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,” said Martin Dufour “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.”
Marc Lalonde, Local Journalism Initiative Reporter, Iori:wase
