Indigenous leaders remind Quebec: you can't legally separate without our say

Mohawk Council of Kahnawà:ke Grand Chief Cody Diabo says a Quebec referendum is out of the question, arguing much of the province’s territory belongs to First Nations. (Paula Dayan-Perez/CBC)Social SharingThroughout the campaign trail, the word “referendum” has been on every provincial party leader's lips. 

But Indigenous leaders who have followed the debate closely are reminding Quebec that it needs to consult First Nations and Inuit communities before even considering independence. 

“Quebec can’t unilaterally just say that they’re leaving, there are historical land grievances, there’s traditional territories that we need to talk about," said Mohawk Council of Kahnawà:ke Grand Chief Cody Diabo.

He says a referendum is out of the question, arguing much of the province’s territory belongs to First Nations.

While his community won’t participate in the Oct. 5 provincial election, Diabo says he will work closely with the next government. He’s calling for a bigger conversation surrounding land agreements with all levels of government at the table before talks of a referendum take place.

“The lines that are on the map right now, those lines were imposed by the Crown and then the federal government — First Nations weren’t included in that,” he notes. 

Diabo argues governments must right the wrongs from the past before thinking of Quebec’s future.

While Quebec sovereignty isn’t a new concept, it’s the first time there’s serious momentum for a third referendum since 1995, when federalists won by a razor-thin margin, with 50.58 per cent of the vote.

Nadir André, an Aboriginal and Natural Resources lawyer based in Kahnawà:ke, argues that even then, many First Nations and Inuit communities were against the idea, and he’s not convinced the outcome would be different today. 

What has changed, he notes, is the legal reality following a 1998 Supreme Court of Canada ruling that barred Quebec from unilaterally splitting from Canada. Paired with existing constitutional law, that decision means the province cannot legally separate without involving and consulting First Nations and Inuit communities.

That government would also need to create a constitution which they approve — something  André argues would be very difficult. 

“This is unsettled. There hasn't been any type of discussion or resolution since [1995] and here we are going back to the same rules …  as if it’s going to work,” André said. 

He argues efforts to recognize Indigenous rights at the international and federal level have only grown since the last referendum, pointing to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and duty to consult as examples. 

For Francis Verreault-Paul, chief of the Assembly of First Nations Quebec-Labrador (AFNQL), it’s much too early to be for or against a referendum. He says many questions still have to be answered. 

“How are we going to really work on this together? How is the National Assembly in Quebec [going to] recognize us First Nations as governments?” he asked.

Referendum talk dominates Quebec election campaign, but what about Indigenous sovereignty?

Verreault-Paul is concerned about Indigenous sovereignty and how an independent Quebec would operate. 

“We are a distinct people, we have our own stature of governance, we have our cultures, we have our languages. Will they respect the sovereignty of First Nations?”

He wants to ensure First Nations rights are respected, to see UNDRIP fully implemented, and to advance issues that impact communities such as housing and infrastructure, public safety, education, and self-determination.

“Because all of the bills that are passed at the National Assembly have a direct impact on us First Nations, so we need to collaborate, we need to work together,” he said.

Assembly of First Nations Quebec-Labrador Chief Francis Verreault-Paul is concerned about Indigenous sovereignty and how an independent Quebec would operate. (Sylvain Roy Roussel/CBC)What are the parties planning to do?Paul St-Pierre Plamondon’s Parti Québécois has been vocal about his wishes for a sovereign Quebec throughout the campaign.

In May, he consulted with Verreault-Paul and more than 40 chiefs from First Nations communities on his Livre bleu — spanning more than 500 pages — which outlines steps to create an independent Quebec. 

Each chief was asked to give their feedback on a dedicated chapter that addressed Indigenous relations. 

Verreault-Paul says it’s a good first step, applauding the PQ leader for being "transparent and clear,” but he says more consultations and discussions will be needed at every stage of the process. 

Québec Solidaire also has visions for an independent Quebec and says it will establish a constituent assembly with Indigenous leaderships and other members of the National Assembly. 

Sol Zanetti, co-spokesperson for Québec Solidaire, says they’d like to become the first government to have First Nations and Inuit communities at the table to create a constitution. 

“To ask them, what kind of process could we make in which you would feel fully sovereign and in which you would trust us to be able to work together in order to get out of this system,” he said.

The leaders of the Conservatives, Liberals and Coalition Avenir Québec (CAQ) have all said they’re against a referendum. 

However, the Liberals committed to continue endorsing a nation-to-nation approach to Indigenous relations, prioritizing the protection of their languages and rights. 

The Conservatives are expected to make an announcement outlining their plan for Indigenous relations on Wednesday. 

The CAQ did not respond to CBC’s request for comments.

Djeneba Dosso is a journalist based in Montreal. She previously worked as an associate producer for CBC Manitoba and did a brief internship with CBC Ottawa. You can reach her at djeneba.dosso@cbc.ca