SCOC ruling lifts the hopes of Quebec Aboriginals
Land-claim decision will change dynamic
In a landmark ruling, the Supreme Court of Canada unanimously supported a B.C. First Nations group’s claim to a large and remote tract of land, clarifying the rules for granting Aboriginal title. The court affirmed the Tsilhqot’in people’s claim to 1,750 square kilometres of land in the Nemiah Valley, where the nation has lived for centuries.
The Tsilhqot’in Nation is one of hundreds of Aboriginal groups in B.C. with unresolved land claims.
In the wake of the Supreme Court decision, Aboriginal peoples in Quebec are asking when the province will recognize their claims to the land.
“This (ruling) could be earth-shattering,” said Atikamekw Chief Christian Awashish of Opticiwan, in Haut-St-Mauricie.
“We’re at the heart of a territory rich in natural resources, a nation that has been in negotiations for over 30 years.
“We think this judgment will snowball and put us in a stronger position.”
The Atikamekw are calling for nearly 40,000 square kilometres of land encompassing most of Mauricie. Since 1979, they have been in talks with the province, asking for a fair share of the profits from the local logging industry.
But, so far, no compensation has been forthcoming.
“We’re one of the poorest (First) Nations in Canada,” Awashish said.
“It’s an injustice. We haven’t enjoyed any of the benefits from the development of our land.”
Two years ago, the Atikamekw protested by blockading a l umber mill near the city of Parent. After the judgment in favour of the Tsilhqot’in people, Awashish said he is optimistic that it won’t come to that again.
“I hope that the approach of Quebec vis-à-vis all negotiations will be more generous, more focused on justice,” he said. The Mohawk Council of the reserve of Kahnawake on the South Shore of Montreal feels the same way. “We’re going to be expecting a different approach from Canada, and they can expect a different approach from us,” said Chief Lloyd Phillips, who holds the portfolio for relations with Ottawa and Quebec City.
The Mohawks of Kahnawake have a long-standing claim on the Seigneury of Sault-St-Louis, which includes a large part of the South Shore, from the outskirts of St-Rémi and part of Châteauguay and into La Prairie.
Much farther north, the Cree people hope the B.C. case will give them a stronger hand in their territorial disputes. “Instead of Aboriginal people being assumed to be squatters on their own land, which is the traditional view of the Canadian government, they will now have to come to terms with the fact that these people have ownership rights,” said Brian Craik, director of federal relations at the Grand Council of the Cree.
Although the Cree had some of their claims recognized in an agreement in 1975, they are pushing back against development projects on their traditional territory, such as uranium exploration and mining 215 kilometres north of Mistissini. “The Crees are opposing it because they believe the uranium mining will cause danger to those who use the land around that area, and they’re afraid of contamination of the water,” Craik explained.
“The Cree traditional way of life has to be protected as much as possible and the Crees have a right to participation in the development that goes on in the north.”