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Ideas section | Le Devoir

Bill 1, introduced by the government of the Coalition Avenir Québec (CAQ) to enact the Quebec Constitution, is intended as a historic milestone. It proclaims the primacy of the rule of law, the recognition of the Quebec nation, and the protection of its values. But behind this solemn ambition, a glaring omission stands out: that of Indigenous peoples. Invisible in this foundational text, they are reduced to a symbolic mention, far removed from the historical commitments and legal realities that should guide our shared future.

This brings to mind the famous film by Richard Desjardins,  Le Peuple invisible The Invisible People, a documentary on the history of the Anishinabeg, which powerfully illustrated how Indigenous peoples are too often erased from Quebec’s narrative. Nearly 20 years after that warning, Bill 1 seems to perpetuate this invisibilization by refusing to fully recognize Indigenous peoples and their fundamental rights.

The bill recognizes Indigenous “nations,” their languages, and their cultures. But it carefully avoids the word “peoples.” This choice is not insignificant: recognizing distinct peoples means recognizing their right to self-determination, enshrined in international law and the United Nations Declaration on the Rights of Indigenous Peoples. By setting it aside, Quebec refuses to affirm this fundamental principle.

Moreover, the text ignores Indigenous law—those legal orders specific to First Nations that predate the creation of Canada and Quebec and are recognized in Canadian law. This law is not theoretical: it is expressed concretely through the formal recognition of the inherent right to self-government, notably by the Canadian Parliament with Bill C-92 (First Nations, Inuit and Métis children, youth and families) and through laws adopted by First Nations in matters of child and family protection. Pretending to ignore it is to deny a legal and historical reality.

This omission breaks with our own history. In 1603, the Great Peace of Tadoussac established nation-to-nation relations with Indigenous peoples. In 1985, under the leadership of René Lévesque, the Assemblée nationale du Québec adopted a motion recognizing Indigenous nations and their right to self-government. The current CAQ government’s bill departs not only from these commitments, but also from the contemporary legal context.

In a recent open letter, Minister Simon Jolin-Barrette claims to have “taken the time to consult […] First Nations.” He may have had exchanges with representatives of First Nations (and Inuit?), but this falls far short of the concept of “consultation,” which, in relations between the state and Indigenous peoples, carries a legal meaning that Minister Jolin-Barrette cannot ignore.

Discussions with Indigenous representatives cannot be equated with genuine consultation, as required by the Crown’s constitutional duty to consult and accommodate Indigenous peoples when legislative measures may affect their rights. This obligation, recognized by the Supreme Court of Canada, is not a mere formality; it lies at the heart of respect for ancestral and treaty rights. By disregarding it, the government exposes itself to legitimate criticism and equally legitimate legal challenges.

A Constitution that ignores Indigenous peoples is not a Constitution for everyone. It is a distorted mirror of our history and an obstacle to our shared future. In keeping with the principles of nation-to-nation relations, Quebec can do better. It must do better.

Read the article written by Eric Cardinal in Le Devoir: Idées | La Constitution du Québec et les peuples invisibles | Le Devoir