(Quebec) One month before the deadline set to negotiate a first modern treaty since the Peace of the Braves, the Innus reveal the missing pieces so that they affix their signature: in Quebec, they ask for a block of energy of 500 megawatts and the obligation for forestry companies to agree with them when exploiting ancestral lands.
After more than 40 years of talks, a historic agreement between the federal and provincial governments and the three Innu communities of the Regroupement Petapan (Mashteuiatsh in Lac-Saint-Jean, Essipit and Nutashkuan on the North Shore) seems within reach.
A sign that the lights are green: a meeting with the federal Minister of Crown-Indigenous Relations, Marc Miller, the Minister responsible for Relations with First Nations and Inuit, Ian Lafrenière, and the leaders of the three communities took place at the start of week.
It was the first time that the stakeholders had sat down at the same table since the conclusion of the general agreement in principle in 2004. “It’s not trivial,” says the head of Mashteuiatsh, Gilbert Dominique . “This of course demonstrates the importance of Petapan’s global territorial negotiation,” he pleaded in an interview.
Despite the progress, “sensitive issues” remain to be discussed before the deadline for negotiations on March 31. The chefs have asked to meet François Legault to untie the last knots. A meeting is in the plans, confirmed Mr. Lafrenière, Wednesday.
The agreement would, in particular, lay the foundations for a new way of collaborating with Quebec in matters of economic development. There is no question of offsetting the development of the past 40 years, but economic benefits are planned for current and future projects.
“An economic deal”
The 2004 agreement also provided for the payment of a share of the royalties collected by the Quebec government on the natural resources of Nitassinan (ancestral territory of the Innu people) of at least 3%.
[Le traité]it is also an economic deal that will be beneficial for the communities, for the regions and for businesses – because those who want to come and invest, it will give them [une prévisibilité] – and finally for governments.
Gilbert Dominique, Chief of Mashteuiatsh
In the new treaty, the Innu ask Quebec to guarantee to buy from them a block of energy of 500 megawatts (MW) that they could use to develop energy projects on their territory. The energy could then be sold to Hydro-Quebec, allowing them to generate wealth.
Wind power could be favoured, but the communities do not wish to be closed to other possibilities. The projects could be carried out in partnership, as in the case of the Apuiat wind farm, developed by the nine Innu communities and their partner Boralex, on the North Shore.
At the time of the agreement in principle, in 2004, a volume of 250 MW was mentioned, which would have been shared between the signatories. This time, the Innu want double in a “common block” of energy. They believe that an increase is necessary under current energy needs.
“We proposed to increase that substantially,” assumes chef Dominique. The three Innu leaders also met in early February with the Minister of Economy, Innovation and Energy, Pierre Fitzgibbon. “There was a great receptivity,” said Mr. Dominique.
Energy development is in line with the aims of the Legault government, which has placed the electrification of Quebec and the energy transition at the heart of its second term. He repeats that the challenge for the next few years will be to “build a half-Hydro-Québec”.
Another request, the Innus want Quebec to make it mandatory to conclude “repercussions-benefits” type agreements with forestry companies that want to exploit Nitassinan.
“It is possible for the mining companies, but Quebec is reluctant to ensure that the forestry industry is also required to agree with the First Nations,” explains the chief of Mashteuiatsh. The Innu would also like to obtain specific volumes of wood to exploit.
In an interview, Ian Lafrenière indicates that Quebec “looks at everything that has been presented” by the Innu and is “optimistic” for the conclusion of an agreement.
However, the minister is tempering expectations about the forest industry. “It would be very difficult to add volumes of wood, to cut more trees when we have the caribou protection strategy at the same time”, illustrates Mr. Lafrenière.
Towards a “modern” treaty
According to Chief Dominique, the Petapan agreement will be “light years away” from the James Bay Agreement, concluded with the Crees. “It’s a totally innovative approach”, he underlines while the previous treaties came with “an extinction of rights”.
It is the only agreement across the country that includes a formula for the recognition of ancestral rights, including aboriginal title.
Gilbert Dominique
A “crucial element” of the negotiation also affects Ottawa, which must quantify its proposal next week for “the damage of the past”. Chief Dominique says he expects the payment of “several hundred million dollars”.
Negotiations also continue on the notion of the “inherent right” to self-determination and on the sums that will be paid annually for the implementation of the treaty.
The members of the Innu communities will be able to vote by referendum on the text of the future treaty. A consultation phase lasting several months is also planned after March 31, depending on the outcome of the discussions.
In the event of failure, the communities give themselves the possibility of reactivating the legal recourses aimed at the recognition of their ancestral rights, suspended during the time of the negotiations. They claim, in total, nearly 3 billion in Quebec and Ottawa, in damages.