The Superior Court rules in favor of the indigenous communities of Mashteuiatsh and Essipit and requires that the government of Quebec undertake separate consultations with them by September 30 regarding the protection of woodland caribou.
The communities located in Lac-Saint-Jean and on the North Shore had filed this action against Quebec in February 2022. They deplored not having been adequately consulted on the sidelines of the development of a protection plan for the woodland caribou, a endangered species.
After analyzing the case and hearing both parties, Judge Marie Cossette rendered her decision on June 21, National Indigenous Peoples Day.
In her judgment, she wrote that the government of Quebec failed, towards the plaintiffs, in its obligation to consult established in section 35 of the Constitution Act of 1982
and confirms that this breach is still ongoing
. Quebec must rectify the situation as quickly as possible.
First Nations relieved
The chiefs of Mashteuiatsh and Essipit welcome the decision with relief.
We receive this great news which confirms that Quebec has failed in its obligation to consult us adequately
launched the chef of Mashteuiatsh, Gilbert Dominique.
This is a major step forward in the recognition and protection of our ancestral rights, a decision of principle in terms of indigenous consultation in Quebec.
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The chief of Essipit, Martin Dufour, and that of Mashteuiatsh, Gilbert Dominique, have joined forces several times in the past to assert their demands.
Photo: Radio-Canada / Andréanne Larouche
They believe that justice has been done and are looking forward to what happens next. They promise to participate in the process with opening
and wish sincere and honorable participation of the government
.
Quebec’s disrespectful attitude forced us to go to court. Let us hope that the Quebec government will accept this decision and act accordingly
indicated the head of Essipit, Martin Dufour, in a press release.
Reaction of the Quebec government
Questioned about the decision of the Superior Court of Quebec, the minister responsible for the region, Andrée Laforest, affirms that consultations with indigenous communities have already been carried out.
She also reiterates that the matter is the responsibility of the Minister of the Environment, Benoit Charette.
My colleague, Benoit Charette, when he carried out the consultations for the caribou strategy, it is certain that there were consultations with the First Nations. Now, if the First Nations request further consultation […] at this point, Benoit will be able to decide. […] It is the Ministry of the Environment which will decide.
Contacted by Radio-Canada, the office of the Ministry of the Environment preferred not to react following the court’s decision. The same goes for the office of the minister responsible for Relations with First Nations and Inuit, who wished not to comment on the matter.
With information from Lauriane Boudreau
