Kahnawà:ke Mohawk Territory Grand Chief Cody Diabo had a simple message for Quebec Justice Minister Simon Jolin-Barrette: First Nations are not subordinate to the province of Quebec, and will not be included in any provincial constitution.
“There is no Quebec nation,” Diabo told APTN News. “[Jolin-Barrette is] a Canadian at the end of the day. They’re not separate from Canada. This whole push to want to try to separate, if that’s what they want to try to do, by all means, but you’re not leaving with Mohawk land. You don’t have jurisdiction over us.”
Diabo traveled to Quebec City Wednesday, to meet with Jolin-Barrette and discuss the provincial government’s plan for a Quebec constitution. He was accompanied by Kahnawà:ke Chief Political Advisor Lloyd Phillips, as well as by Regional Chief Francis Verrault-Paul of the Assembly of First Nations Quebec-Labrador.
The push for Quebec to develop its own constitution is the product of the Report of the Advisory Committee on Quebec’s Constitutional Issues within the Canadian Federation, also known as the Proux-Rousseau Report. That document was tabled in late November of 2024 and encouraged the adoption of a constitution as a means for Quebec to establish its autonomy inside Canada.
The purpose of a constitution, according to the report, would be to strengthen Quebec by laying out the distinct laws, values, and legal decisions that have shaped Quebec as a society.
Following the report, Quebec Premier François Legault said he was open to the idea. In April his government brought in constitutional expert Patrick Taillon to oversee the drafting of a constitution before the next Quebec election, which can occur no later than October 5, 2026.
Quebec Premier François Legault. Photo: APTN File
“Our agreements are with the British Crown, who delegated that to the federal government,” Diabo said, “and [Legault and the CAQ] are just the provincial government. This whole notion that they’re trying to create a constitution, to me, is ridiculous.”
In December of 2024, Diabo and the Mohawk Council of Kahnawà:ke signed a Memorandum of Understanding called the “Statement of Understanding and Mutual Respect” with François Legault and the government of Quebec. That document was intended to signal the beginning of a new relationship between the two governments.
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Diabo rejects any notion that First Nations would be subordinate to the government of Quebec, and subject to any constitution it might draft.
“That really goes against the MOU that myself and the Premier signed almost a year ago, where we talked about peacefully coexisting. Yet constantly we have these bills that are asserting or attempting to assert jurisdiction over us, over our lands.”
Diabo says he told Jolin-Barrette that if the Legault government placed a clause in the constitution guaranteeing it would have no power over or interference in First Nations’ right to self-determination, Mohawk leadership would not contest the document.
“If you’re truly committed to what we signed with the MOU, then you would put that in there,” Diabo said. “I wasn’t getting a hard commitment to say, ‘Yes, we’ll put that in there.’”
Diabo is hesitant to bring a court challenge to the constitution, calling legal battles a waste of everybody’s money. But he does not want to see Quebec pass any law that positions Mohawks as answerable to Quebec.
He noted the Legault government has not yet shared details of what the constitution will look like, or whether or not it will include bills such as language law Bill 101, or state-secularism law Bill 21.
“Even on the consultation end, that’s defined by Canadian law, which they have to follow,” Diabo argued. “There’s processes in place for duties to consult, which they’re still not upholding either.”
APTN News contacted the office of Minister Simon Jolin-Barrette for comment. We had not heard back from them at the time that this article was published.
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