The Government of Quebec failed in its duty to consult First Nations in the development of a forest caribou protection strategy, concluded the Superior Court. At the same time, she orders the government to set up a consultation process within three months, while the federal government is preparing to impose a protection decree for three herds on the verge of extinction.
The twenty-page judgment emphasizes that the government failed “in its obligation to consult” the Essipit Innu First Nations and the Pekuakamiulnuatsh, which includes the community of Mashteuiatsh, who demand to be consulted in the development of the strategy. Quebec law which should help prevent the disappearance of the woodland caribou. This has been postponed several times over the years.
Judge Marie Cossette, of the Superior Court, therefore asks the government to put in place by September 30 “a separate consultation process” in connection with the development of the strategy for preserving the endangered deer. She specifies that it is important that the “claims” of the Innu be taken into consideration in the development of the conservation project. This decision follows a lawsuit initiated in February 2022 by the councils of Essipit and Mashteuiatsh.
The judgment also recalls the “predominant cultural role” played by the caribou for the Innu, which means that its disappearance “would lead to the definitive loss of a part of their cultural identity.”
“However, in addition to the fact that their right to consultation is violated, the situation of the caribou deteriorates further during this time and the government is still not in a position to indicate to the Court the moment at which the envisaged Protection Strategy will be communicated. The result is that their ancestral rights and titles are all the more threatened given the central place occupied by the caribou, whose condition continues to become fragile,” writes judge Marie Cossette.
“Deplorable” situation
The judgment even mentions the “deplorable” situation of deer in the province, and in particular on the ancestral territory of the Innu. This is particularly the case for the Pipmuacan herd, whose habitat has been severely degraded by the forestry industry. The herd numbered, at best, barely 225 animals during the most recent inventory, carried out in 2020 over an area of more than 28,000 km².
“The worrying situation ofatiku, this species essential to our cultural survival, is such that we had to act for our communities. Quebec’s disrespectful attitude forced us to go to court. Let us hope that the Quebec government will accept this decision and act accordingly,” reacted Wednesday the chief of the Innus Essipit First Nation, Martin Dufour.
“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,” added the Chief of the Pekuakamiulnuatsh First Nation, Gilbert Dominique.
The absence of a woodland caribou protection strategy prompted the federal government last week to move forward with its plan to impose an “emergency decree” to protect the critical habitat of 3 of the 13 populations of woodland caribou in Quebec.
Following a consultation which will involve the First Nations, the decree will be finalized and it will specify the areas which must be protected to avoid the disappearance of these three herds: those of Val-d’Or and Charlevoix, which now live in captivity, and that of Pipmuacan, which remains northeast of Lake Saint-Jean. The territory of the latter has already been targeted for the creation of a protected area, but the project was rejected in 2020 by the Legault government.
On Wednesday, the Canadian Minister of the Environment, Steven Guilbeault, also raised the possibility of recommending the adoption of other decrees for threatened herds in Quebec, according to the conclusions of ongoing analyzes by federal experts. He did not specify which herds these are. According to a recent international scientific study, industrial logging carried out over tens of thousands of square kilometers has seriously disrupted the habitats necessary for the survival of the species. Result: 11 of the 13 populations in the province are today at “risk” of extinction.
Instead of a provincial strategy, the Legault government announced last April a “consultation” on measures intended to better protect 3 of the 13 populations living in the territory, namely that of Charlevoix, that of Gaspésie and another living on the North Shore. Quebec leaves the door open to the pursuit of industrial activities, including logging and mining exploration, in habitats suitable for the last caribou.
The Quebec government did not wish to comment on the judgment on Wednesday. “We have taken note of the decision rendered by the Superior Court, which we will study before commenting further,” simply indicated the office of the Minister of the Environment of Quebec, Benoit Charette.
