Atikamekw and Innu leaders file lawsuit over ancestral land rights in Quebec

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Nearly 40 Indigenous land guardians, alongside hereditary and traditional chiefs, have filed a lawsuit seeking formal recognition of their rights over a vast stretch of Quebec. Their legal challenge aims to curb industrial logging and ensure the protection of their traditional way of life.

The application, filed in Quebec Superior Court last week, covers a territory spanning between the St. Lawrence River, the Saint-Maurice River valley and the forested areas of northern Mauricie, according to the document.

The plaintiffs are specifically asking the court to declare all supply guarantees and intervention permits granted to forestry companies null and void.

This legal move follows a summer of tensions marked by numerous blockades across the ancestral lands of several Indigenous nations. 

These actions were spearheaded by MAMU First Nation — a collective of land guardians from the Atikamekw and Innu nations — to protest a proposed overhaul of the province’s forestry regime.

Although the Coalition Avenir Québec government ultimately abandoned the reform, the plaintiffs decided to go to court. 

“There is a lack of trust toward the government. This move is also a warning to other potential land developers, such as mining companies,” said Dave Petiquay, one of the land guardians involved in the claim.

He said that since the document was filed, other Innu and Atikamekw chiefs have expressed their interest to join the movement.

“We are not against forestry workers, but permits must be issued better and we must be consulted,” said Petiquay, who is a member of the Atikamekw community of Wemotaci. 

He said he is doing it for “future generations, including non-Indigenous ones, but also for animals, which can’t speak for themselves.” 

Quebec’s Ministry of Natural Resources and Forests did not respond to a request for comment in time for publication.

‘No one waits for us,’ plaintiff says

The plaintiffs’ argument is essentially based on Section 35 of the Constitution Act, which protects ancestral or treaty rights and imposes the duty to consult.

The document details the history of the occupation of the Nehirowisiw Aski territory and supports the fact that this occupation is “spiritual, political, and economic in nature,” and that it was established long before the arrival of the first European explorers.

It also revisits the role of the land guardians, who are responsible for ensuring the conservation of resources. 

The plaintiffs maintain that government authorizations granted to the logging industry cannot apply to the territories targeted by the claim.

“The Crown does not hold the beneficial interest in the exploitation of resources on these lands and could not validly grant exploitation rights to third parties without the consent of the land guardians,” the document reads. 

As a result, the forest management plans issued by Quebec for these territories are “incompatible” with the plaintiffs’ exclusive right of use and control. 

That is the reason they are seeking to have certain sections of Quebec’s Sustainable Forest Development Act declared inoperative.

Petiquay drove the point home, saying, “No one waits for us before handing out permits.”

He welcomed this action led by representatives from several different nations. 

“The Innu and the Atikamekw have always stood together. We want to sit with our brothers,” he said.