Quebec Superior Court decision regarding the Atiku (caribou) Strategy: The Government of Quebec failed in its duty to consult the First Nations of Essipit and Mashteuiatsh

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 Atik^u, 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

Interview requests: Éric Duguay, Media Relations Manager, [email protected], 514-377-1980; For more information: Suzie Gagnon, Council of the Innu First Nation of Essipit, 418-233-2509, ext. 477, [email protected]; Karen Robertson, Pekuakamiulnuatsh Takuhikan, 418-275-5386, ext. 1442, [email protected]